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TMI Blog2019 (10) TMI 1279X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment order be held to be bad and unjustified on the facts and in the circumstances of the case and be quashed and deleted. 3. That in the alternative and without prejudice to the Grounds stated above the additions made be held to be highly unreasonable and excessive and be reduced. 4. The appellant craves leave to add or amend any ground of appeal before or during the course of hearing of the case. IT(SS) No.60/Ind/2017 Assessment Year 2007-08 1. That the assessment made u/s 153A r.w.s. 143(3) of the Income Tax Act be held to be bad in law and on facts and be quashed. 2. That the addition of Rs. 68,763/- on account of unexplained foreign expenditure u/s 69C as discussed by the Ld. DCIT in Para No. 11.4 of the assessment order be held to be bad and unjustified on the facts and in the circumstances of the case and be quashed and deleted. 3. That in the alternative and without prejudice to the Grounds stated above the additions made be held to be highly unreasonable and excessive and be reduced. 4. The appellant craves leave to add or amend any ground of appeal before or during the course of hearing of the case. IT(SS) No.61/Ind/2017 Assessment Y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces of the case and be quashed and deleted. 5. That in the alternative and without prejudice to the Grounds stated above the additions made be held to be highly unreasonable and excessive and be reduced. 6. The appellant craves leave to add or amend any ground of appeal before or during the course of hearing of the case. 3. As most of the issues raised are common these were heard together and are being disposed off by this common order for sake of convenience and brevity. 4. Briefly stated facts as culled out from the records are that the assessee is a Doctor deriving income from medical profession and drawing salary from M/s Ayushman Medical Diagnostic Private Limited. The hospital is run by through the Directors viz, Dr. Ashok Gupta, Dr. Gopal Batni and Dr. Neeraj Kumar. Return of income for Assessment Years 2006-07 to 2010-11 were filed u/s 139(1) of the Act. A search was conducted on Bansal Group of business and simultaneously on Ayushman Group and also the residential premises of assessee on 2.6.2011. Some loose papers were seized. In response to notices u/s 153A of the Act assessee declared its income for Assessment Years 2006-07 to 2010-11 by offering additional income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... horities can make the addition for the assessment year in which these date fall. In the instant case the alleged entries totaling to Rs. 13,00,000/- fall in the financial year 2004-05 and preceding period. Therefore the Ld. A.O erred in making the addition for Assessment Year 2006-07. Further on perusal of the details placed on the paper book we find that the alleged entries of Rs. 5,00,000/-, Rs. 5,00,000/-, Rs. 50,000/-, Rs. 50,000/-, Rs. 50,000/- and Rs. 1,50,000/- totaling to Rs. 13,00,000/- are payment by cheque given by the assessee to Ayushman Medical Diagnostic Private Limited. This fact is proved with the bank statement placed on record. We can therefore safely conclude that Ld. A.O grossly erred in making the addition of Rs. 13,00,000/- for Assessment Year 2006-07 and the same deserves to be deleted. Ground No.2 of the assessee for Assessment Year 2006-07 is allowed. The other grounds are general and consequential in nature. 9. In the result appeal of the assessee raised vide IT(SS)No.59/Ind/2007 for Assessment Year 2006-07 stands allowed. 10. Now we take up issue for the addition for unexplained foreign expenditure u/s 69C of the Act. On this issue assessee has filed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ws that the assessee or his family members has undertaken some foreign tours and thus the nature and account of foreign tours needs to be explained by the assessee in case the same is not mentioned in the regular returns of income. Therefore the legal ground of the assessee does not stand and we proceed to deal with the merits of the case. 17. From going through the assessment order we observe that on page-15 of the impugned assessment order it is mentioned that vide reply dated 21.2.2014 assessee stated that the alleged foreign expenditure was neither recorded in his books of accounts nor in the books of accounts against family members. He is also not having any confirmation regarding the claim that the foreign trip was sponsored by the companies. Such expenditure was also not offered for taxation in the return filed u/s 139(1) of the Act nor in response to notice u/s 153A of the Act. However the assessee in its submission has admitted this amount to be added as his undisclosed income therefore the A.O made the addition. 18. When the matter was taken up with Ld. CIT(A), in its written submission the assessee only claimed the relief of the following amounts; Assessment Ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed registered in the name of Smt. Sudha Jain (mother-in-law of the assessee). From perusal of the alleged seized material we observe that this is not a hand written document. It is a photo copy of a registered document of purchase deed. It contained details of two payments through bank account of Smt. Sudha Jain. The document is in the name of assessee's relative. The payment for purchase of the property was made out of the consideration received from sale of the agriculture land situated at Village Damkheda. In our considered view since the alleged seized document has been duly explained since the source of payment and the owner of the property is not disputed, then no addition was called for in the hands of the assessee. Revenue authorities were well within their powers to invoke provisions of 153C of the Act in order to assess Smt. Sudha Jain. However since before us the alleged document has been duly explained the same cannot be an incriminating material and thus no addition of Rs. 10,27,060/- was called for u/s 69B of the Act and the same is directed to be deleted. We accordingly set aside the finding of Ld. CIT(A) and allow assessee's Ground No.3. 24. Apropos Ground No.4 for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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