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TMI Blog2019 (2) TMI 174X X X X Extracts X X X X X X X X Extracts X X X X ..... .1168 OF 2016 AND INCOME TAX APPEAL NO.1170 OF 2016 - - X X X X Extracts X X X X X X X X Extracts X X X X ..... se and in law, the ITAT has erred by ignoring the facts brought out in notings in loose papers seized as bundle Nos.A/M/08 which are admissible evidence of complicity of the assessee as per Section 10 of the Indian Evidence Act? 2. Brief facts are as under: Respondentassessee is an individual. The department of revenue had carried out search and seizure operations in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee as the receiptant on money from Dhariwal Group of Industries was never established. The Tribunal noted that at best the reference in the seized documents was of payments to P.C. Jain. The assessee i.e. Prabhat Chandra Jain contended that no such payments were made to him and the reference in the loose papers did not relate to him. The Tribunal accepted the assessee's conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the search carried out against the assessee no incriminating material was found. In any case, therefore, additions could not have been sustained. 5. We have heard learned counsel for the parties and perused documents on record. We find that the Tribunal has examined the materials on record to come to factual conclusion that there was no evidence to link the assessee with the alleged cash payment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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