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TMI Blog2021 (12) TMI 996X X X X Extracts X X X X X X X X Extracts X X X X ..... essing Officer appears to have proceeded purely on conjecture as regards what the document states without noticing the internal contradiction and inconsistencies. Since the learned predecessor Division Bench has, on merits, found that there was no error committed by the Tribunal in deleting the addition made by the Assessing Officer on the basis of the same seized material/ document, this Court is of the view that in the present facts of the case, no substantial question of law arises for consideration - ITA 178/2021 & CM APPL. 46108/2021 - - - Dated:- 20-12-2021 - HON'BLE MR. JUSTICE MANMOHAN AND HON'BLE MR. JUSTICE NAVIN CHAWLA Appellant Through: Ms. Vibhooti Malhotra, Advocate. Respondent Through: Mr.Ved Jain, Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al bears complete resemblance to the cheque amount actually received by the Respondent and the particulars of the cheque numbers also match. She emphasises that the shop in question had, in fact, been leased to Pantaloon Retail for opening a Big Bazaar. 4. Having heard learned counsel for the appellant, this Court finds that the very same document seized from the residence of Mr.Lalit Modi, had been considered by the learned predecessor Division Bench in the case of Principal Commissioner of Income Tax (Central -2) v. Vinita Chaurasia (supra). After considering the same, the learned predecessor Division Bench had concluded that the Assessing Officer appears to have proceeded purely on conjecture as regards what the document states withou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... noticing the internal contradictions and inconsistencies. For instance, the document talks of rent payable for a period from 2006 onwards where in fact even according to the Revenue the Assessee purchased the property on 13th May, 2009. The shifting of the burden on the Assessee without making these basic enquiries to unearth the truth of the document could not have been accepted and was rightly commented upon by the lTAT. The entire basis for making the additions to the assessable income of the Assessee was a single document i.e., Annexure A-1. The attempt at making additions on the basis of Annexure A-1, without any further investigation on the above lines, is bound to be rendered unsustainable in law. 28. Therefore, even as regards ..... X X X X Extracts X X X X X X X X Extracts X X X X
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