9911796707
TMI Blog2021 (12) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... Alliance Hotel, has stated that 'Parvez Sir' mentioned in the paper found was not the Respondent. Even Respondent has categorically stated that he is not the 'Parvez Sir' mentioned in the papers found from the premises of Alliance Hotel. Therefore, the Assessing Officer was not justified in invoking the provisions of Section 69A of the Act because addition upon conjectures and surmises without any evidence to dispute the explanation offered by the Assessee cannot be made. There should have been some money found with the Assessee. There is no concrete evidence which has been brought on record by the Assessing Officer to establish that the entry 'Parvez Sir' in the impounded paper establishes the fact that it refer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0,000/- made by the Assessing Officer u/s.69A of the Income Tax Act, 1961 solely relying on the submission made by the Assessee during the appellate stages ignoring the facts mentioned by the Assessing Officer in the assessment order ? 2. The Respondent has declared a return of income of ₹ 1,11,092/- on 29/02/2008 for AY 2007-08. Return of income was processed under Section 143(1) of the Income Tax Act, 1961 (hereafter referred to as the said Act ) accepting the returned income. The case was selected for scrutiny and statutory notice under Section 143(2) of the said Act was issued followed by a fresh notice under Section 142(1) on 15/10/2009. Respondent responded to the said notices and attended from time to time the hearing and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Mr. Walve and Ms. Khan. It is undisputed that the paper showing the name of 'Parvez Sir' was found in the premises of Alliance Hotel during the course of survey / search action of one Alliance Hotel and not from Respondent. The contents of the papers found were also not in the handwriting of Respondent. Mr. Kashan Ghaswala, partner of Alliance Hotel, has stated that 'Parvez Sir' mentioned in the paper found was not the Respondent. Even Respondent has categorically stated that he is not the 'Parvez Sir' mentioned in the papers found from the premises of Alliance Hotel. Therefore, the Assessing Officer was not justified in invoking the provisions of Section 69A of the Act because addition upon conjectures and surmi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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