2019 (2) TMI 174

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..... s referred to in the documents seized during the search against the Dhariwal Industries. We notice that except for reference in such documents to one P.C.Jain there was no clarity about the identity of receiptant of such a money. The department could not bring on record any evidence to link the assessee with such receipt. Learned counsel for the assessee had pointed out that even in his statement .....

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..... nal for short) raising following questions for our consideration: (i) Whether on the facts and circumstances of the case and in law, the ITAT has failed to fulfill its mandate as a Fact Finding Authority by relying on the decisions which had no bearing on the present set of facts? (ii) Whether on the facts and circumstances of the case and in law, the ITAT has erred by not remanding ba .....

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..... d. Statement of one Sohan Raj Mehta representing the said group was also recorded. Some of the documents so seized had mention of cash payments to various persons including to one P.C. Jain. 3. Subsequently, search operations were also carried out against the assessee. The Assessing Officer made additions in the hands of the assessee on the basis of the documents seized during the search .....

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..... hich referred to payments to P.C. Jain. 4. Learned counsel Shri Tejveer Singh for the department submitted that the Tribunal has committed a serious error. At best the issue should have been remanded to the Assessing Officer for ascertaining the identity of the assessee. He relied on the provisions of Section 292C of the Income Tax Act, 1961 to contend that the Tribunal should have applied .....

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..... identity of receiptant of such a money. The department could not bring on record any evidence to link the assessee with such receipt. Learned counsel for the assessee had pointed out that even in his statement said Shri Sohan Raj Mehta had not stated that such payments were made to the assessee. 6. The entire issue is fact based. The Tribunal having come to the factual conclusion on the ba .....

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