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2013 (12) TMI 1485

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..... , even the search did not unearth any such land and building. Further perusal of the reconciliation shows that the cash and bank balance show an amount of ₹ 1,18,774/-, as per the seized BDM/18 and as per the audited balance-sheet is ₹ 15,88,517.60. Here, the Revenue has not been able to identify any bank account, which is having a balance of ₹ 1,13,774.43 as shown in BDM/18. Further, the sundry debtors show an amount of ₹ 13,119/- as per BDM/18 whereas as per the audited balance-sheet, the figure is ₹ 11,36,148/-, which is a higher figure in the audited balance-sheet. On the liabilities side, the sundry creditors shown, as per BDM/18, is ₹ 1,95,965.43 whereas as per the audited balance-sheet, the figure .....

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..... 3. In the Revenue s appeal, the Revenue has raised the following grounds:- 1. That Ld. CIT(A) erred on fact as well as in law in deleting the addition of ₹ 43,71,253/- on account of undisclosed capital introduction and unaccounted profit of the business without appreciating the actual facts of the case. 2. That on the facts and in the circumstances of the case the Ld. CIT(A) erred on fact by deleting the addition of ₹ 62,189/- which was unaccounted deposits made in Indian Bank, Bankura. 3. That on the facts and in the circumstances of the case the Ld. CIT(A) erred on fact as well as in law in deleting the addition of ₹ 1,38,417/- made on account of undisclosed receipt as well as undisclosed income of the assessee .....

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..... r a difference of about ₹ 7.05 lakhs. It was a submission that the AO had treated the difference between the audited balance-sheet and the balance-sheet as found in BDM/18 as the undisclosed income of the assessee and made addition of ₹ 43,71,253/-. It was a further submission that the other addition representing unaccounted deposits in Indian Bank as also record of undisclosed receipts had been made. It was a submission that the ld. CIT(A), on appeal, deleted the addition representing the difference between the audited balance-sheet and the seized documents by holding that the seized document BDM/18 was an unsigned balance-sheet and it was not found from the premises of the assessee but from some other premises. Further, the su .....

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..... d building. Further perusal of the reconciliation shows that the cash and bank balance show an amount of ₹ 1,18,774/-, as per the seized BDM/18 and as per the audited balance-sheet is ₹ 15,88,517.60. Here, the Revenue has not been able to identify any bank account, which is having a balance of ₹ 1,13,774.43 as shown in BDM/18. Further, the sundry debtors show an amount of ₹ 13,119/- as per BDM/18 whereas as per the audited balance-sheet, the figure is ₹ 11,36,148/-, which is a higher figure in the audited balance-sheet. On the liabilities side, the sundry creditors shown, as per BDM/18, is ₹ 1,95,965.43 whereas as per the audited balance-sheet, the figure is ₹ 35,84,244.42, which is again a higher f .....

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