9911796707
TMI Blog2009 (4) TMI 470X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on behalf of the assessee to proceed with the matter. However, on going through the material made available with the Tribunal, it is found that the matter can be adjudicated by hearing the learned Departmental Representative. Hence accordingly learned Departmental Representative was heard regarding the issue raised by the assessee in this appeal. 4. Learned Departmental Representative was also heard accordingly. 5. On careful analysis of the material made available with the Tribunal and analysing the same in the light of the rival submissions of both the parties, the undisputed facts are that a search was conducted from 20th Dec., 2002 to 23rd Dec., 2002. During the course of search a sum of Rs. 3 lakhs was seized. On receipt of notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter appreciation of the record made available in the assessment folder has rightly come to the conclusion that the sustained additions are much justified and hence there is no infirmity in the order passed by the learned CIT(A) requiring any interference. Accordingly he sought for upholding the same by dismissing the appeal of the assessee. 9. On careful analysis of the orders of Departmental authorities in the light of rival submissions of both the parties as well as the material made available on record, it is found that undisputedly there is a search from 20th Dec., 2002 to 23rd Dec., 2002 and during the course of search, a sum of Rs. 3 lakhs was seized in cash. Thereafter statutory notice was issued to the assessee, in response to whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d is hereby deleted by allowing the issue raised by the assessee. 13. The next sustained addition of Rs. 44,000 is on account of expenditure incurred on Grah Parvesh ceremony conducted by the assessee during the block period. 14. On going through the material available with the Tribunal, it is noticed that while giving his statement during the course of search, the assessee has submitted that he purchased land during the financial year 1997-98 for Rs. 2,01,000 and thereafter incurred expenditure of Rs. 13,000 for construction of boundary wall to the said land. This land was disposed of by the assessee by executing purchase cancellation agreement which disclosed that the assessee has received Rs. 2,14,000 under that agreement of purchase c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on their maintenance is not to be added in his income. So also he contended that his three daughters having been majors and having their own sources of income, the assessee is not spending anything for their maintenance. Therefore, the maintenance which is met by the assessee is only on himself and his wife. The Departmental authorities are not able to bring out any contrary material on record. Therefore, under these circumstances we are of the considered view that the addition of Rs. 2 lakhs on account of low household withdrawals is purely based on assumptions and presumptions which is not sustainable for legal scrutiny. Accordingly we direct the Department to delete the same by allowing the issues raised by the assessee in this regard in ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
