2008 (9) TMI 108

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... g that no addition under Chapter XIVB was warranted in the hands of the assessee on account of the income shown in the name of the wife of the assessee as no document had been found during the search – revenue’s appeal dismissed - 443 of 2005 - - - Dated:- 9-9-2008 - Hon'ble Rajesh Kumar Agrawal,J. and Hon'ble Satya Poot Mehrotra,J. JUDGMENT We have heard Sri A.N.Mahajan, standing couns .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the income of the assessee from undisclosed courses. 2. Whether on the facts and in the circumstances of the case, the Hon'ble Income Tax Appellate Tribunal was justified in law in holding that no addition under Chapter XIVB was warranted in the hands of the assessee on account of the income shown in the name of the wife of the assessee as no document had been found during the search, without a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... by the assessee's wife was in fact the income of the assessee. The A.O. merely relied on the statement that though she had earned the income she was not able to prove the same with evidence . This itself was not enough to hold that the income actually belonged to her husband. In view of these fact, we hold that Id.CIT( A) has rightly appreciated the facts in holding that the income belonged to th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X