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TMI Blog2019 (9) TMI 1396X X X X Extracts X X X X X X X X Extracts X X X X ..... l Tour LLP whose business premises is situated at 203 Ratna Sagar, MSB Ka Rasta, Johari Bazar, then in the absence of any contrary fact or material, the said explanation of the assessee cannot be brushed aside. Assessee has discharged its onus in explaining the source of cash and the AO even failed to discharge his preliminary onus to establish that the cash found at a different premises not belonging to the assessee, belongs to the assessee. Thus the addition made by the AO is deleted. - Decided in favour of assessee. - ITA Nos. 1493/JP/2018 - - - Dated:- 2-9-2019 - SHRI VIJAY PAL RAO, JM AND SHRI VIKRAM SINGH YADAV, AM For the Assessee : Shri Vijay Goyal (CA) For the Revenue : Shri B.K. Gupta (CIT) ORDER PER VI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ash found during the survey proceedings at 203, Ratna Sagar, MSB Ka Rasta, Johari Bazar, Jaipur in case of M/s. Adventure Global Tour LLP, a sister concern of the assessee. The assessee explained before the AO that the said cash found at the premises of the business place of M/s. Adventure Global Tour LLP belongs to the said firm and also produced the cash book of M/s. Adventure Global Tour LLP. The AO rejected the said explanation of the assessee on the ground that during the search and survey action no such cash book was seized or impounded. Accordingly, the AO made the addition of ₹ 2,59,140/- to the total income of the assessee. The assessee challenged the action of the AO before the ld. CIT (A) and reiterated its contention that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ms Khusboo Singh recorded during the search proceedings, however, there is no allegation even in those statements that the cash found at 203, Ratna Sagar, MSB Ka Rasta, Johari Baar, Jaipur belongs to the assessee. Thus the ld. A/R has submitted that when the assessee has explained the source of cash as belonging M/s. Adventure Global Tour LLP, a sister concern of the assessee and also produced the cash book of the said concern, then in the absence of any incriminating material the addition made by the AO in the hands of the assessee is not justified. 4. On the other hand, the ld. D/R has submitted that the cash book filed by the assessee of M/s. Adventure Global Tour LLP shows only the capital introduced by the partners and, therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Further, no such query was raised by the department even to Shri Rahul Maheshwari and Ms. Khusboo Singh whose statements were referred by the AO in the assessment order. Therefore, there is no material on record to indicate that the cash of ₹ 2,59,140/- was found at 203 Ratna Sagar, MSB Ka Rasta, Johari Bazar, Jaipur belongs to the assessee. It is also not in dispute that the premises at 203 Ratna Sagar, MSB Ka Rasta, Johari Bazar does not belong to assessee but it belongs to the other sister concern of the assessee. The assessee explained the source of cash as belongs to M/s. Adventure Global Tour LLP and also produced the cash book of the said concern to show the availability of cash with the said LLP. Once there is no incriminating ..... X X X X Extracts X X X X X X X X Extracts X X X X
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