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TMI Blog2019 (4) TMI 1180X X X X Extracts X X X X X X X X Extracts X X X X ..... eleting additions on merits has come to the conclusion that the revenue authorities did not contradict the submissions of the assessee regarding impermissibility of reliance on certain documents and the statements recorded in search. The tribunal also noted that the analysis carried out by the Assessing Officer suffered from multiple infirmities. Assessing Officer had not carried out the qualitative analysis and had carried out on certain arithmetical calculations based on loose papers. In the result the entire issue is based on appreciation of materials on record. No question of law arises - Appeals are dismissed. - INCOME TAX APPEAL NO.202 OF 2017 WITH 204 OF 2017 - - - Dated:- 15-4-2019 - AKIL KURESHI And SARANG V. KOTWAL, J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T (Appeals). The tribunal on merits held that the additions were totally impermissible. 4. Having heard learned Counsel for the parties and having perused documents on record, we are of the opinion that even though revenue may have an arguable case in relation to the tribunal s first conclusion of invalidity of assessment under section 153A of the Act, in view of the tribunal's ultimate conclusions, these Appeals are not required to be entertained. The tribunal in the impugned judgment while deleting additions on merits has come to the conclusion that the revenue authorities did not contradict the submissions of the assessee regarding impermissibility of reliance on certain documents and the statements recorded in search. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the flat was examined to ascertain the truth. Under these set of facts, we are of the view that the loose sheet referred above cannot be considered to be a document that could be relied upon. Further, the facts and circumstances show that Shri Dilesh Shah was under some compulsion to admit additional income. The very fact that the assessee did not offer the same in the return of income shows that the assessee was not in agreement with the admission so made, as according to it, the same did not reflect the truth. Even though there is no proper explanation as to why the affidavit prepared within two days of the search, was filed after expiry of two years, yet the surrounding circumstances show that the assessee was under the belief that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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