2012 (4) TMI 766 - AT - Income Tax

Summary

Issues involved: Reopening of assessment u/s 147/148, Addition of cash found during search by CBI.

Reopening of assessment u/s 147/148: The appellant's appeal against the order of ld. CIT (A) for assessment year 2003-04 was dismissed as not pressed due to non-pursuance of the issue.

Addition of cash found during search by CBI: The appellant, an Officer in Archaeological Department, faced an addition of Rs. 12,91,000 on cash found at his residence during a CBI search. The cash was claimed by his brother-in-law, Shri Ratan Lal Meena, who stated it was from the sale of his property. Despite discrepancies in statements of involved parties, it was established that the cash belonged to Shri Ratan Lal Meena, not the appellant. The Tribunal ruled in favor of the appellant, deleting the addition based on the evidence provided and acceptance of the amount in Shri Ratan Lal Meena's returns. The appeal was allowed in part, with the deletion of the Rs. 12,91,000 addition.

This judgment highlights the importance of establishing ownership and sources of funds in assessment proceedings, emphasizing the need for clear documentation and evidence to support claims.