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TMI Blog2019 (7) TMI 1981X X X X Extracts X X X X X X X X Extracts X X X X ..... . Since issues are common and connected and appeals were heard together these are being consolidated and disposed of by the common order for the sake of convenience. A.Y. 2009-10 2. The assessee has raised various grounds of appeal, however I note that for A.Y. 2009-10, no addition was done by the Assessing Officer in assessment order u/s. 143(3) read with section 153C of the Act. The income re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s permissible. I note that addition in A.Y. 2010-11 has been done on account of cash credit u/s. 68 of Rs. 8,00,000/- and commission of Rs. 1,00,275/-. I note that while dealing with the addition the Assessing Officer has mentioned that addition u/s. 68 was done on examination of balance-sheet. Similar is the position of addition of commission income. There is no whisper in the assessment order th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s noted that in the assessment order the Assessing Officer has only mentioned the following :- The assessee vide letter dated 17/11/2016 vide para 3 was asked by the commission Income for providing accommodation entries through Shri Rashmikant Jhaveri's proprietary concern to M/s. Navjeevan Charitable Trust of Rs. 30.743/- should not be taxed as your income. The assessee vide his letter date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these circumstances, in my considered opinion decision of Hon'ble Jurisdictional High Court in the case of Continental Warehousing Corporation (supra) is squarely applicable. Since addition has not been based upon any incriminating material found during search no addition dehorse any incriminating material is sustainable. Hence the orders of authorities below are set aside and the addition is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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