TMI Blog2019 (7) TMI 1980X X X X Extracts X X X X X X X X Extracts X X X X ..... s noticing that as against documentary evidence available, only some additions could be sustained even in respect of such third parties. Consequently, in the absence of any reason to involve the present assessee, which had sold the lands to the third party and against whom there was no allegation of withholding material or suppression of facts, nor was anything incriminating recorded, no protective assessment could have been made. No substantial question of law arises. - D.B. Income Tax Appeal No. 342/2018 - - - Dated:- 16-7-2019 - HON'BLE THE CHIEF JUSTICE AND HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA For Appellant : Mr. Siddharth Bapna, Advocate Judgment 1. Revenue is aggrieved by the orders of the ITAT on two ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t additions made on protective basis were not sustainable, in the following terms: In this case, on the basis of notings on impugned seized documents and evidences gathered during the remand proceedings, and enhancement notice u/s 251(2) of the Act vide letter dt. 21.03.2017 has been given to the assessee. Subsequent to receipt of written compliance from the assessee, following additions are required to be made in assessee s hand as per the detailed discussed made in para 2.1.8.5 with respect to issues no. 1,2,3,4 5 as under : S.No. ITA No. AY Name Addition made by Ao Addition sustained Relief Balance Sustaine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... soning and added amounts to assessee s account imposing tax on it purely on protective basis after the substantive additions in respect of each amount which were made at third parties end. The CIT(A) in our opinion, was correct in his analysis noticing that as against documentary evidence available, only some additions could be sustained even in respect of such third parties. Consequently, in the absence of any reason to involve the present assessee, which had sold the lands to the third party and against whom there was no allegation of withholding material or suppression of facts, nor was anything incriminating recorded, no protective assessment could have been made. 5. For the foregoing discussions, this court is of the opinion that n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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