9911796707
TMI Blog2021 (9) TMI 1223X X X X Extracts X X X X X X X X Extracts X X X X ..... ings u/s 153A was initiated. The notice was issued on 05.09.2008. on 21.10.2008 the assessee filed return of income declaring income of Rs. 7,02,000/- and no undisclosed income was shown in return. 4. During the course of assessment, statement on oath was recorded u/s 131 on 11.12.2018 wherein, the assessee was asked to furnish the details of vehicles maintained by him. The assessee submitted that it has several cars. The ld AO therefore presumed that the assessee is owner of the above vehicle. He therefore, held that Maruti 800 car is not available in the asset of the assessee and therefore, he estimated the cost of such vehicle for Assessment Year 2002-03 and therefore, made an addition of Rs. 1,85,000/-. The assessment order was passed on 29.12.2008. The assessee preferred an appeal before the ld CIT(A) who confirmed the above addition as assessee did not produce that the purchase of the above car was made out of know source of income. 5. Ld AR submits that a. in this case searched or place on 12/12/2006, for assessment year 2003 - 04 assessee filed his return of income on 17/2/2004. The case of the assessee was not picked up for scrutiny. The due date for issue of notice el ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee has not purchased this vehicle during the impugned assessment year. Therefore, we reverse the order of the lower authorities and direct the ld AO to delete the addition of Rs. 1,85,000/- in the hands of the assessee because of unexplained investment on estimated basis of Rs. 1,85,000/- for purchase of Maruti 800 car. 7. The appeal of the assessee for Assessment Year 2003-04 in ITA No. 838/Del/2011 is allowed. Assessment year 2004 - 05 8. ITA No. 839/Del/2011 is for Assessment Year 2004-05 .This is appeal is filed by the assessee against the order of the ld CIT(A)-1, New Delhi dated 27.10.2010 for Assessment Year 2004-05 where the addition because of purchase of car is partly confirmed. 9. There is no change in the facts as stated in Assessment Year 2003-04 wherein, the addition has been made on the basis of statement on oath recorded on 11.12.2008 recorded during the course of assessment proceedings, wherein, the assessee admitted that 7 vehicles used by his family. The ld AO noted that the assessee has not shown the details of purchase of one Maruti 800 Car, White Maruti Zen Motor Car, and Hone Accord car. Therefore, in absence of any details of source of investment m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... our of the assessee by the decision of the Hon'ble Delhi High Court in case of CIT Vs. Kabul Chawla (supra) even otherwise the assessee has shown that the Maruti Zen Car was purchased on 01.03.2005 and therefore, could not have been added in the hands of the assessee even otherwise for Assessment Year 2004-05. Thus, respectfully following the decision of the honourable Delhi High Court that no addition can be made in the case of concluded assessment pursuant to search in absence of any incriminating material. No incriminating material is shown to us by the learned departmental representative and not referred by the learned assessing officer in the assessment order. Therefore, this addition deserves to be deleted. 13. Accordingly, The appeal for Assessment Year 2004-05 is allowed. Assessment year 2005 - 06 14. ITA No. 840/Del/2011 is filed by the assessee for Assessment Year 2005-06 against the order of the ld CIT(A)-1, New Delhi dated 27.10.2010 where also addition of Rs. 1,85,000/- on account of purchase of one Maruti car was made. 15. Assessee filed his return of income on 28/2/2006 declaring a total income of Rs. 690,000. A search took place on 12.12.2016. Therefore, not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome filed by the assessee. Therefore, in the present case the learned assessing officer was having a power to make an addition based on examination of the return of income by the assessee. In the present case, the learned AO recorded the statement of the assessee on 11/12/2008 by issue of summons u/s 131 of the act. The AO was having almost seven vehicles out of which the assessee could not give the adequate evidence with respect to the purchase of Maruti 800 car. Therefore, the learned assessing officer made the addition of the above sum estimating the cost of the vehicle of Rs. 185,000. As before the lower authorities the assessee could not furnish any explanation with respect to the source of the fund available for purchasing the above car, no evidences are also furnished before us. Even out of the declared income in the return of an assessee as well as his wife, it could not be explained that the car was purchased from the declared source of income of the assessee. It was merely an argument made by the assessee, which is not supported by any documentary evidence. In view of this, we do not find any infirmity in the order of the lower authorities. Accordingly, all the grounds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he extent of Rs. 15 lakhs which is disputed before us was confirmed. The learned CIT - A deleted Rs. 18,500 out of the total addition of Rs. 68,500 on account of foreign tour of the minor son of the assessee. Therefore assessee is in appeal before us. 24. The learned authorised representative submitted that the addition has been made without any corroborative evidence found during the course of search. Even the flat which is alleged to be renovated was not purchased in the year Under reference but was purchased during the assessment year 2003 - 04, a fact which is stated in the income tax order of the assessee's wife Mrs Pooja Gotham assessed by the same officer. He submitted that the assessee staying in that flat since assessment year 2003 - 04. The assessing officer has not found any corroborative material and therefore the addition deserves to be deleted. He further submitted that while making the aforesaid addition of Rs. 15 lakhs regarding the acquisition of household items such as television set and air-conditioners which can be purchased with little fund for which addition of Rs. 15 lakhs could not have been made. It was further stated that the assessee got married long bac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it can be merely an argument for deletion of the addition which needs to be brushed aside. 27. The learned CIT - A has considered the arguments of learned authorised representative and decided the issue in paragraph number 9 of his order. He has also considered that why the addition has been deleted in the case of the wife of the assessee for the reason that assessee stated that he has financed the above expenditure. 28. There is no similarity between the facts of the case cited before us of the decision of the ordinary bench as well as of the honourable Gujarat High Court. In view of this, we do not find any infirmity in the orders of the lower authorities. 29. In view of this ground number 1 - 3 of the appeal are dismissed. 30. Ground number 4 - 5 are with respect to the addition of Rs. 68,500 on account of foreign tour of the minors and of the appellant. After careful consideration wide para number 19 of his order the learned CIT - A noted that the total income of the assessee during the year was only rupees to .13 lakhs and therefore he confirmed the addition of only Rs. 50,000 and deleted the addition of Rs. 18,500. No arguments were advanced before us. Therefore, these gr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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