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TMI Blog2000 (12) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 132(9A) of the Income-tax Act, 1961, such books of account and documents could not be handed over to the Assessing Officer of the appellant under section 158BD of the Act ? 2. Whether the Deputy Commissioner of Income-tax, Amritsar, had lawful satisfaction as mentioned in section 15BBD before handing over the books of account and documents to the Assessing Officer of the appellant ? 2A. Whether such satisfaction is legally required to be recorded in writing ? 2B. Whether before recording such satisfaction as is mentioned in section 158BD, the concerned officer is required to afford an opportunity of, hearing to the concerned party, and whether such opportunity having not been given to the appellant, the transfer of books of accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, this second appeal. Shri Dhruv Agarwal, learned counsel for the appellant, submitted that since the officer making the seizure had no jurisdiction over the appellant he had to hand over the material seized to the Assessing Officer having jurisdiction over the appellant within a period of 15 days to the seizure, and since the material was handed over after the expiry of the aforesaid period of 15 days it could not be taken into account by the Assessing Officer. We do not agree with this submission. The purpose of section 132(9A) appears to be to help the Assessing Officer to make a speedy assessment, and this provision is not for the benefit of the assessee. Hence, even if the material was handed over beyond the period of 15 days it ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning to the appellant were validly handed over to the Assessing Officer, since the Assessing Officer has to make a correct assessment of the appellant's income. As regards the fourth question this has also to be answered against the assessee. It is not necessary that there must be always cross-examination of a witness before discarding his evidence. In paragraph 37 of its order, the Tribunal has observed that an addition of Rs. 27 lakhs on account of unexplained advance to Mini Exports found entered in the loose sheets, addition of Rs. 10 lakhs on account of unexplained payment of Rs. 10 lakhs in cash to Verma Tarafaq Instruments Pvt. Ltd. and the addition of Rs. 6,48,000 on account of estimated interest on the undisclosed advance of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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