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TMI Blog2018 (3) TMI 1598X X X X Extracts X X X X X X X X Extracts X X X X ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts neither belong to nor pertain to the assessee and they do not establish any nexus as alleged between the contention of the department that the assessee obtained the accommodation entries thereunder and the additions made in this case. For these reasons, it is contended that in so far as all the proceedings u/s 153C of the ACt are bad and even on merits, the addition is liable to be deleted. 4. According to the learned DR, during the course of search hard discs of computers were seized, which contain incriminating material and the recordings on the documents reflected accommodation entries obtained by the Brahmputra group, as such, the authorities below are justified in making addition and sustaining the same. 5. At the outset, learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... course of search operation in Brahmaputra Group of cases, carried out at premises A-7, Mahipalpur, New Delhi, the following incriminating documents were inter alia seized by party BA-5 i. Page No. 23 of Annexure A-6 (a diary relating to F.Y. 2009-10)- on the back side\ of this page recording is made in the name of "Shri Shyam Trexim & Fincom P. Ltd." against which ₹ 50 lakhs is written. ii. Page No. 1 of Annexure A-7 - on this page a recording of funds mentioning debit as well as credit of ₹ 25 lakhs in the name of Murari Lai Aggarwal dated 31.05.2008 and further comments of the payment of same amount by cash to Murari Lal Aggarwal (MLA) is made ITA No. 3332/Del/2017 iii. The back side of the above page 1 of Annexure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 of Annexure A-7 - on this page a recording of funds mentioning debit as well as credit of ₹ 25 lakhs in the name of Murari Lai Aggarwal dated 31.05.2008 and further comments of the payment of same amount by cash to Murari Lal Aggarwal (MLA) is made ITA No. 3332/Del/2017 iii. The back side of the above page 1 of Annexure A-7 mentions that Sarat Aggarwal was paid with cash of ₹ 30 lakhs bring back equal amount in other form. The date of noting is 04.06.2008. iv. Page 1 of Annexure A-10 - it contains a hand written extract of cash book containing entry of ₹ 5 lakhs in the main of M.L. Aggarwal. It also shows as debit of ₹ 3 lakhs in the name of Sarat Aggarwal. The entries are for the date 28.05.2008, the date of writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... addition in question made in respect of alleged unexplained share capital. She only stated that said recording on the page reflected accommodation entry obtained by the 'Brahmaputra Group' and but no documentary evidence regarding the claim that the document was incriminating qua the addition, are filed. In respect of the Items No. (ii) to (v), the Ld. counsel has submitted that additions in respect of the amounts mentioned in the document has been made in the case of another company namely "M/s Brahmaputra Infrastructure Ltd" in assessment year 2009-10. This fact was not controverted by Ld. CIT(DR). Thus, we find that no incriminating material qua the addition made is found during the course of search from the premises of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... annot be treated as incriminating material found during the course of search. In the result, we hold that addition of share capital in the year under consideration has been made without relying on any incriminating material found during the course of search. 9. On a consideration of the entire material in the light of the law laid down in the case of CIT vs. Kabul Chawla reported in 380 ITR 573, the coordinate Bench of this tribunal concluded that, - 4.20 In view of the above finding, both the conditions as completed assessment and no incriminating material, have been satisfied in the case, thus,no addition could have been made in the instant assessment year in view of the finding of the Hon'ble Delhi High Court in the case of Kabul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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