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TMI Blog2022 (9) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... ission of the assessee filed along with the statement of facts. As such, there was no information/materials brought on record contrary to the finding of the learned CIT(A). Accordingly, we do not find any reason to interfere in the order of the learned CIT(A). Hence, the ground of appeal of the assessee is hereby dismissed. - I.T.A. No.101/Rjt/2018 - - - Dated:- 29-6-2022 - SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER Appellant by : None Respondent by : Shri B.D. Gupta, Sr. D.R. ORDER PER BENCH: The captioned appeal has been filed at the instance of the Assessee against the order of the Learned Commissioner of Income Tax (Appeals)-11, Ahmedabad [Ld. CIT(A) in short] dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ings viz a viz assessment proceedings. As per the AO the assessee at the time of search has contended that the cash belongs to M/s Kishore Jamnadas and sons and partnership firm engaged in the business of construction namely M/s Parth Construction whereas during the assessment proceedings, it was contended that cash belongs to M/s Kishore Jamnadas sons and partnership firm engaged in the business of construction namely M/s Parth Construction. Accordingly, the AO held that declaration furnished by the assessee is not reliable. Hence, the AO confirmed the addition of Rs.19 lakhs treating the same as unexplained cash by adding to the total income of the assessee. 5. Aggrieved assessee preferred an appeal to the learned CIT-A. The assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing to the appellant. Therefore, the Assessing Officer has correctly assessed the cash in the hands of the appellant. While giving statement u/s.132(4) of the Act during the course of search, the appellant stated that this cash is from unaccounted income generated from partnership firm M/s.Parth Construction and proprietorship concern Kishore Jamnadas Sons. He will refer to the books of accounts and will state how much cash balance has been shown in the books of these two concerns. He never stated that this cash or any part of this cash was kept by his son Hiren K. Sodha at this premises. Neither Shri Hiren K. Sodha or any other partner/director of any firm/company sated during the course of search that the cash belonging to other concern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal is dismissed. 8. Aggrieved by the order of the learned CIT-A, the assessee is in appeal before us. 9. The learned DR before us vehemently supported the order of the authorities below. 10. We have heard the learned DR and perused the materials available on record. The facts of the case have been reproduced in the preceding paragraph which are not disputed. Therefore we are not repeating the same for the sake of convenience and gravity. At this outset it was noticed that the appeal was preferred by the assessee in the year 2018 and the same was listed several times for hearing but none of the occasion anybody appeared from the side of the assessee. Accordingly, we decided to proceed to adjudicate the issue ex parte to the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... panies namely M/s JP Structures Pvt Ltd and M/s JP Inn have requested to the income tax department for release of the cash which evidences that cash found from the premises of the assessee was not belonging to him but to the impugned companies. Therefore, the assessee did not retract the earlier statement under the impression that the admission of the cash by the companies is sufficient enough that the cash belongs to them. 10.5 On perusal of the order of the learned CIT-A, we note that the order passed by him is well speaking and reason. Indeed, the assessee in the statement of facts filed along the memo of appeal has made various submissions but the same were not supported by the documentary evidence. Therefore, in the absence of neces ..... X X X X Extracts X X X X X X X X Extracts X X X X
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