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TMI Blog2025 (1) TMI 574X X X X Extracts X X X X X X X X Extracts X X X X ..... learned CIT(A) erred in law and on facts in dismissing the appeal. He did this without considering one of the written submissions that was uploaded on the portal during the course of the appellate proceedings; without actually verifying the document that is stated to have been seized from the third party (on the strength of which the case was subjected to issuance of the notice under section 153C of the Act and consequential addition to the returned income thereafter); without considering the non- adherence of the constitutional rights and of the law of the land as interpreted by the judicial authorities; and without verifying as to how the dots between the said seized document were connected with the untenable findings of the AO. 2. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 245D(4) in SA No.GJ/AHCC/0162019/2015-16/IT, in which the ITSC had worked out total on-money receipt of Rs. 61.45 crores in Aamrakrunj Scheme. Based on the above two findings, the AO held that it was obvious that the assessee had paid on-money for purchase of immovable property from the group, and in the absence of any explanation of the source of the same, he made addition of the on-money so paid to the income of the assessee as investment remaining unexplained to the extent of Rs. 84,35,930/-. The same, he stated, was confirmed by the ld.CIT(A). 6. The ld.counsel for the assessee, pointed out that this issue is no longer res integra, having been dealt by the Hon'ble jurisdictional High Court in the case of Pr.CIT Vs. Kaushik Nan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whose premises search was conducted, before the Settlement Commissioner, with respect to the amount entered in the excel sheet found from the possession of the assistant working with the developer, is sufficient proof of the transaction between the assessee and the developer. 3. We find inherent fallacy in this submission, inasmuch as, there is no basis for conducting proceedings against the assessee merely for the fact that the developer had paid tax on the amount shown in the excel-sheet. There is no adjudication with regard to the payment, which was shown in the excel-sheet to the effect that the same was actually paid by the assessee to the developer. Even otherwise, the concurrent findings returned by the CITA and ITAT are that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e absence of any other corroborative evidence filed by the Revenue. 9. The ld.DR, however, relied heavily on the order of the authority below, pointing out that the data in the excel-sheet was revealing/containing the name of the assessee, plot in which invested, cheque payment made by the assessee, and also cash payment made of Rs. 84,35,930/-. He pointed out that the contents of the rest of the data, except on money, in the excel sheet has not been disputed by the assessee; that he did invest in the impugned plot and did make cheque payment. Therefore, he contended, the assessee cannot now dispute the information pertaining to the cash made by him, as contained in the data. The contention of the ld.DR was that this excel-sheet was suffic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed for holding that the assessee also had paid on-money while investing in the property of the Safal Scheme. 11. We find that, as rightly pointed out by the ld.counsel for the assessee, in identical facts and circumstances, the Hon'ble jurisdictional High Court had held that this data revealed from search conducted on a third person, as also confession of the third-party to the Settlement Commission was itself not sufficient evidence for taking any adverse view against the assessee; that there had to be some corroborative evidence in the light of the complete denial of the information contained in the data by the assessee. The Hon'ble High Court had noted that besides corroborative evidences, the assessee also ought to have been provided o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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