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TMI Blog2010 (9) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... rch – Held that: - assessee has filed all the evidences of availability of cash - which is assessed u/s 143(2) - No defect has been pointed out in the explanation given by the assessee - no infirmity in the order of the ld. CIT(A) who has rightly deleted the addition made by the AO – Accordingly appeal is dismissed. - 1302/2010 - - - Dated:- 7-9-2010 - CM No. 15512/2010 CORAM : HON'BLE THE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emises. Respondent-assessee in reply to the notice u/s. 143(2) stated that the said cash was the share application money which belonged to M/s. West Deal properties Pvt. Ltd. of which he was the director on the day of search. AO did not accept the explanation given by the respondent-assessee and made an addition of '13,00,000/- on account of undisclosed income in the assessment order for the Block ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een purchased at the time of the search. He submitted that the cash entry dated 23rd November, 2009 of the cash transition is only accommodative in nature to explain the availability of cash found at the time of search. 4. Having heard learned counsel for the revenue and having perused the file, we are in agreement with the view of the CIT(A) which has been subsequently upheld by the Tribunal th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d for the remand report and even after reminders, the same remained uncomplied with and the Ld. CIT(A) has proceeded to decide the issue on merits. The assessee has filed all the evidences of availability of cash with M/s. Raj Kattha Products (P) Ltd. which is assessed u/s 143(2) for the assessment 2003-2004 with the same AO. Therefore, share application money given by M/s. Raj Kattha Products (P) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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