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TMI Blog2015 (8) TMI 1210X X X X Extracts X X X X X X X X Extracts X X X X ..... on and the Respondent Assessee for the same AY. Further, nothing has been placed before the Court by the Revenue to doubt the correctness of the factual findings of the ITAT in respect of the document qua the Respondent Assessee. No substantial question of law arises for examination. - Decided against revenue. - ITA No. 475/2014 - - - Dated:- 28-7-2015 - S. Muralidhar And Rajiv Shakdher, JJ. For the Appellant : Mr. Rohit Madan with Mr. Akash Vajpai, Adv. For the Respondent : Mr. Satyen Sethi with Mr. A.T. Panda, Adv. ORDER 1. This appeal by the Revenue under Section 260-A of the Income Tax Act, 1961 ('Act') is directed against the order dated 29th January 2014 passed by the Income Tax Appellate Tribunal ('I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of properties supported with title documents of purchase and that the addition was beyond the scope of Section 153 C of the Act. It was explained that the sum of ₹ 30,04,559 shown by the Assessee as 'advance against properties' was paid by it Assessee on behalf of Inmon. However, the CIT (A) rejected the above pleas and upheld the order of the AO. 5. In the impugned order the ITAT has, while overturning the order of the CIT (A), returned the following factual findings: (i) The seized document marked as Annexure A-29 page 66 was not found from the premises of the Assessee; it was not signed by any employee of the Assessee; the name of the Assessee did not appear in this seized document. (ii) Proceedings under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; 4,80,97,125 in its hands. It was noted therein that in Inmon's balance sheet as on 31st March 2006 a sum of ₹ 38,06,873 was shown against the Assessee as creditor. 8. It was submitted by Mr. Rohit Madan, learned counsel for the Revenue, that when the Assessee had admitted the draft payment as shown in Annexure A 29 page 66 it could not deny the payment in cash recorded in the same document. He, however, did not dispute that the entire cash amount has been added in the hands of Inmon against whom proceedings under Section 147/143 (3) of the Act were initiated and the assessment against order in respect of Inmon for the same AY 2006-07 was finalised. He stated that Inmon's appeal against the said order was pending before th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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