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TMI Blog2021 (8) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... n deleting the addition of Rs. 1,25,00,000/- made by the Assessing Officer on account of unexplained advance. 2. That the Id. CIT(A) has erred in law and on facts of the case in deleting the addition of Rs. 7,60,17,148/- made by the Assessing Officer on account of unaccounted cash receipts on sale of properties." 3. The representatives of both the sides were heard at length, the case records carefully perused and with the assistance of the ld. Counsel, we have considered the documentary evidences brought on record in the form of Paper Book in light of Rule 18(6) of ITAT Rules. 4. Briefly stated, the facts of the case are that the assessee is engaged in the business of call centre and real estate. For the year under consideration, retu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 1 is, accordingly, dismissed. 9. Facts relating to the second ground show that a survey operation was conducted at the premises of the collaborators of the assessee, namely, Shri Jaspal Singh and Shri Kamaljit Singh. Report was received by the Assessing Officer from the office of the JCIT, Range - 6, Mohali. During the course of survey, it was noted that Shri Jaspal Singh and Shri Kamaljit Singh had received an amount of Rs. 20.30 crores from M/s Paras Buildtech [P] Ltd. as part of their revenue share as per the collaboration agreement. 10. In the survey proceedings, one paper was found and impounded which contained month-wise details of cash received by the two brothers from Paras Buildtech India [P] Ltd. Financial year wise breakup o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es and conjectures, without any concrete evidence to show that the assessee has actually received some cash. 14. After considering the facts and submissions, the ld. CIT(A) observed that "I have gone through the assessment order and found that there is no reference in terms of Annexure or page number on this document. It seems that the Assessing Officer has derived it from somewhere, as this document, per se, is not available." 15. Referring to the statement of Shri Kamaljit Singh, the ld. CIT(A) found that Shri Kamalji Singh has specifically mentioned in his reply that whatever payment is received from M/s Paras Buildtech Pvt Ltd has been deposited in the bank account and no payment except whatever in the bank account has been received. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IT Vs S. Khader Khan Sons (2008) 300 ITR 157(Mad) it was held as under: "Section 133A does not empower any ITO to examine any person on oath. In contradistinction to the power under section 133A, section 132(4) enables the authorized officer to examine a person on oath and any statement made by such person during such examination can also be used in evidence under the Income-tax Act. On the other hand, whatever statement is recorded under section 133A is not given an evidentiary value. The statement obtained under section 133A would not automatically bind upon the assessee." This judgment was later on affirmed by the Hon'ble Supreme Court (352 ITR 480) (SC) 2012 13.8 As regards, scrutiny of Bank account of Shri Jaspal Singh, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but in this case, as per the loose sheets, the mistakes were to the detriment of the appellant. On this issue, I tend to agree with the appellant that the evidences used by the AO to make addition were factually incorrect/ unreliable, not impounded from the appellant's premises, disowned by the appellant and thus cannot be relied upon for the purpose of making any addition. 18. The ld. CIT(A) finally came to the conclusion that the addition of Rs. 7,60,17,148/- made by the Assessing Officer on this issue is unjustified and without any basis and hence stands deleted. 19. Before us, the ld. DR strongly supported the findings of the Assessing Officer and read the relevant observations made by the Assessing Officer. 20. Per contra the l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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