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TMI Blog2004 (7) TMI 298X X X X Extracts X X X X X X X X Extracts X X X X ..... by which he directed the AO to accept the peak credit at Rs. 4,73,738. It appears that there was a search in the premises of the assessee. The assessee had disclosed unaccounted income of Rs. 6 lakhs at the time of search. While framing the assessment, the AO noticed the fact that cash book and copy of the ledger were seized at the time of search. It was noticed that cash in hand available in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osure of Rs. 6 lakhs was made. A coy of the details for disclosure was filed before the CIT(A) and on scrutiny of the said evidence, it was noticed that all the entries in the name of Santosh Traders, Anita Suppliers and Veeneta Enterprises are bogus entries made in the cash book to cover up the negative cash balance disclosure was made. Learned CIT(A) on the basis of the materials came to the con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of Rs. 54,000 made by the AO as unexplained expenditure. It appears that the assessee had failed to establish the nature of donation of Rs. 11,001 given to Marawadi Yuva Manch. Further, there was evidence of donation of Rs. 43,000. According to the assessee, donations given on various dates were duly entered in the books of account and were not accepted by the AO for want of supporting evidenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion work was not accepted by the AO and he treated the same as unexplained investment made by the assessee and also allowed depreciation on the said machinery. CIT(A) while allowing relief, held that the AO has not brought any evidence to conclude that the machinery was, in fact, purchased by the assessee. However, in our opinion, this finding was not correct because it was the duty of the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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