9911796707
TMI Blog2021 (4) TMI 1062X X X X Extracts X X X X X X X X Extracts X X X X ..... also admitted by him in his statement on oath and this project was developed by the assessee firm i.e. M/s Shree Ram Developers. Also, there was no denial that on money has been seized in the Shrusti Row House Project. [2] On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred to held the addition of Rs. 3,16,65,000/- made on account of unexplained income u/s.69A of the I.T. Act, 1961 as unjustified in spite of the fact that the assessee had maintained the consistent non-cooperative attitude throughout the assessment proceedings as several opportunities were provided to him to put forth his case but nothing was produced by the assessee and the AO was compelled to pass ex-parte assessment u/s.144 of the Act considering the relevant material on record. [3] On the facts and in the circumstances of the case, the Ld. CIT(A) ought to have upheld the order of the Assessing Officer. [4] It is, therefore, prayed that the order of the CIT (A) may be set aside and that of Assessing Officer may be restored to the above extent." 2. Brief facts of the case as extracted from the order of the lower authorities that the assessee is a partnership firm, engaged in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... und and seized. Seized material clearly shows that, separate ledgers have been maintained for each part of the project, wherein plot wise details of cash collection with date have been maintained and are related the periods pertaining to F.Y. 2005-06, 2006-07 and 2007-08 respectively. b) During the post search enquiries, Shri Ankurbhai Babariya was summoned for explaining the contents of the seized document. In his statement, recorded on oath, Shri Ankurbhai Babariya had stated, that, - the seized books belong to project Shrushti Raw House - & he had been maintaining these ledgers, cashbooks, registers and other documents. c) Annexure-A/12 of the seized books is cash book maintained for the period from 13.09.2005 to 29.10.2005; & d) Annexure-A/4 of the seized books is cash book for period from 30.10.2005 to 11.05.2006. e) Ledger account seized were analyzed which showed following results:- i) Annexure-A/1 seized on 18.07.2012 has plot wise entry of part-3 of the project. ii) Annexure-A/3 seized on 18.07.2012 has plot wise entry of part-2 of the project. iii) Annexure-A/11 seized on 18.07.2012 has plot wise entry of part-1of the project. iv) Annexure-A/5 seized ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 230000 14 14 220000 0 348000 568000 15 15 200000 0 368000 568000 16 16 200000 75000 0 275000 17 17 200000 75000 0 275000 18 20 215000 15000 0 230000 19 25 220000 0 0 220000 20 26 220000 0 0 220000 21 27 250000 0 0 250000 22 28 220000 30000 0 250000 23 29 230000 0 0 230660 24 30 270000 0 0 270000 25 33 220000 0 0 220000 26 34 220000 0 0 220000 27 35 220000 0 0 220000 28 36 220000 0 0 220000 29 37 220000 0 0 230000 30 39 220000 0 0 220000 31 40 220000 0 0 220000 32 41 220000 0 0 220000 33 42 220000 0 0 220000 34 43 220000 0 0 220000 35 44 220000 0 0 220000 36 45 220000 0 0 220000 37 46 220000 0 0 220000 38 47 220000 0 0 230000 39 48 220000 0 0 230000 40 49 220000 0 0 230000 41 50 220000 0 0 230000 42 51 220000 0 0 235000 43 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 0 270000 100 138 270000 0 0 270660 101 142 220000 0 0 226060 102 143 235000 15000 0 250000 103 144 220000 0 0 230000 104 145 220000 0 0 220000 105 146 220000 0 0 220000 106 147 220000 0 0 230660 107 148 220000 0 0 230000 108 150 220000 0 0 230000 109 151 220000 0 411000 631000 110 152 220000 0 0 230000 111 153 220000 0 0 220000 112 154 225000 0 0 225000 113 155 220000 15000 0 245000 114 156 410000 45000 450000 905000 115 157 240000 45000 280000 565000 116 166 250000 0 0 250000 117 167 220000 30000 0 250000 118 168 235000 0 0 235000 119 169 220000 90000 0 310000 120 170 220000 0 0 220000 121 171 250000 15000 0 265000 122 172 220000 0 0 220000 123 173 250000 0 0 250000 124 174 220000 0 0 230000 125 175 220000 0 0 230000 126 176 220000 411000 0 631000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Goardhanbhai Babariya who was looking after the maintenance activities of the society on 16.07.02012. Certain papers were seized from his residence. On the basis of which case of assessee was reopened. The notice under section 148 of the Act was not served upon the assessee firm. Since the assessee firm was not existent during the relevant assessment year, the assessment made of firm is invalid. This fact has been accepted by the Revenue in subsequent year as assessment for A.Y. 2007-08 and 2008-09 were made in the case of Jayantibhai Babariya, the purchased land and sold the plot. The assessee also objected to the assessment completed under section 144 of the Act. No construction of any plot commenced in A.Y. 2006-07 or in A.Y. 2007-08. The firm did not exist in those years. Shri Ankurbhai Gordhanbhai Babariya had explained all the facts in his statement recorded under section 132 of the Act. During the regular assessment of A.Y.2009-10, total 91 Row House owners were examined under section 131 of the Act and all of them confirmed the contract price of Rs. 8.50 lakhs per the house and that they have not paid on money either for construction or for purchase of plot. The receipt f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his Tribunal. 5. We have heard the submission of ld. CIT(DR) for Revenue and the learned authorized representative (AR) for the assessee. The ld. CIT(DR) for the Revenue submits that he relied upon the order of the AO. The assessee during the assessment neither co-operated nor furnished any submission to explain the contents of seized material, therefore, the AO was justified in making addition of receipt of on money on the basis of seized material, which clearly suggests the receipt of on money. 6. On the other hand, the learned AR of the assessee submits that the firm was not in existence during the period under consideration. Since the firm came into existence only from 01.06.2007 and no assessment for A.Y. 2006-07 at the hand of assessee can be made, when it was not in existence. The ld. CIT(A) appreciated the fact and deleted the addition. The addition of subsequent assessment year is made in case of Jayantibhai Virjibhai Babariya (partner of assessee) in his individual capacity. The learned AR for the assessee submits that he has filed the assessment order passed in case of Jayantibhai Virjibhai Babariya (partner of assessee), in his individual capacity under section 143 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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