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TMI Blog2019 (9) TMI 856X X X X Extracts X X X X X X X X Extracts X X X X ..... 6/AP-260/13-14 dated 23.03.2015)? 2. Whether on the facts, in the circumstances of the case and as per law, the Ld. CIT(A) erred in giving relief to the assessee and deleting the addition of Rs. 1 crore as undisclosed income merely by relying on the order of another CIT(A) without appreciating that the evidences of undisclosed income has been gathered in the case of the assessee from a search action and the evidences of search action are required to be analyzed independently for each of the persons involved in whose respect the evidence have been found? 3. Whether on the facts, in the circumstances of the case and as per law, the Ld. CIT(A) erred in giving relief to the assessee and deleting the addition of Rs. 1 crore as undisclosed income merely by relying on the order of another CIT(A) without appreciating that the entries of cash receipts by the assessee have been found from the loose papers seized during the survey of M/s. Matrix India Entertainment Pvt. Ltd as well as from the digital data back-up of the Blackberry mobile of Miss Sandhya Ramachandran, employee of M/s. Matrix India Entertainment Pvt. Ltd., thus cannot be doubted upon? 4. Whether on the facts, in the circ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Katrina Kaif charged sum of Rs. 1 Crore & Rs. 75 Lacs in cash and another payment of Rs. 75 Lacs and Rs. 50 Lacs in cheque respectively for a certain stage performance. Upon further investigation, it was found that this payment pertained to Dhaka Performance held in February, 2011. From the perusal of digital data backup retrieved from the mobile of Ms. Sandhya Ramachandran, a conclusion was drawn that the assessee received a sum of Rs. 1 Crore in cash and Rs. 75 Lacs in Cheque from Matrix for Dhaka performance. The said receipts of Rs. 1 Crore was not disclosed in the return of income. 2.3 Consequently, Ld. AO upon forming requisite belief of escapement of income, issued notice u/s 148 on 03/01/2014 directing the assessee to respond to the same. In response, the assessee, vide letter dated 13/01/2014 offered original return of income as a return in response to notice u/s 148 and demanded reasons for reopening the assessment, which were duly supplied to the assessee in due course. The statutory notices u/s 143(2) was issued in due course. During reassessment proceedings, the assessee was directed to file the requisite details. 2.4 The assessee's representative, in defense, sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the assessee and therefore, Ld. Assessing Officer rightly proceeded to exercise power u/s 148 r.w.s. 147 of the Income Tax Act. Therefore, the reassessment proceedings were validly initiated against the assessee. 3.2 On merits, the assessee challenged the additions by way of written submissions, which has already been extracted in the impugned order. The assessee, inter-alia, submitted that none of the parties concerned i.e. Sandhya, Matrix, Katrina, ATN or the assessee have confirmed to any cash receipts / payments in excess of amounts billed. There was no contrary statement except for a loose paper of a scribbling pad. Further, no information in the scribble pad tallied with actuals and therefore no sanctity or reliance could be placed on such loose document. It was also submitted that the basis of addition was a dumb document without therein being any circumstantial evidence to corroborate such facts. 3.3 The Ld. first appellate authority, after due consideration, noted that similar addition made on same facts in the case of Ms. Katrina Kaif & M/s Matrix was deleted by the first appellate authority vide orders dated 20/03/2015 & 23/03/2015 and therefore, to maintain judicia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicable in this case. Further, similar addition was made in the case of M/s. Matrix India Entertainment Consultant Pvt. Ltd. which has been deleted by the Ld. CIT(A) vide order No. CIT(A)-36/AP-260/13-14 dated 23.03.2015. Thus, with a view to maintain judicial consistency, the addition made in the case of the Appellant of Rs. 1 crore is deleted. Aggrieved, the revenue is in further appeal before us. 4.1 The Ld. Departmental Representative [DR], assailing the stand of Ld. first appellate authority, drew our attention to the grounds raised by the revenue to submit that the additions were deleted merely by following the appellate orders in the case of the other assessees. It has been submitted that clinching evidences were found during search & survey operations which indicated that the assessee was in receipt of certain sums in cash for performance in a show and therefore, the addition as made by Ld. AO was quite justified. 4.2 The Ld. Authorized Representative for Assessee [AR], Shri Prakash K. Jotwani, on the other hand, reiterating the submissions as made before first appellate authority, drew our attention to the fact that Tribunal has already confirmed the stand of Ld. firs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Matrix a loose paper was found containing details of certain transactions both in cheque and in cash. However, when the loose paper was confronted to the Director of M/s. Matrix India Entertainment P. Ltd. during survey, he had categorically stated that it was only in the nature of an offer received from some party but it has not been accepted. Similarly, when such evidence was confronted to Ms. Sandhya Ramachandran she also denied of knowing any such cash transaction and also stated that the event in Dhaka did not materialize through them. Though it may be a fact that the Dhaka event did take place in February, 2011, but as stated by the assessee it was through another agency, M/s. ATN Records Ltd. and not through M/s. Matrix India Entertainment P. Ltd. Therefore, there is no material in the possession of the AO to demonstrate that the assessee has received any amount in cash from M/s. Matrix India Entertainment P. Ltd. For Dhaka event. On the contrary, the evidences on record do indicate, though, the assessee appeared in the Dhaka event conducted through M/s. ATN Records Ltd., however, she has received her fees fully in cheque and has offered it as income in the relevant assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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