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TMI Blog2018 (11) TMI 1939X X X X Extracts X X X X X X X X Extracts X X X X ..... was general in nature and not specific to any assessee. The assessee was not confronted with any statement or material alleged to be the basis of the report of the Investigation Wing of the department and which were the basis on which conclusion were drawn against the assessee. Copy of the report was also not given. Under the circumstances, in a number of cases this bench of the Tribunal has consistently held that decision in all such cases should be based on evidence and not on generalisation, human probabilities, suspicion, conjectures and surmises. The addition made u/s 68 of the Act, is deleted. Decided in favour of assessee. - ITA No. 1478/Kol/2018 - - - Dated:- 16-11-2018 - Sri J. Sudhakar Reddy, Accountant Member Sri S.S. V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the assessee, in support of the genuineness of the transactions. In other words, the overwhelming evidence filed by the assessee remains unchallenged and uncontroverted. The entire conclusions drawn by the revenue authorities, are based on a common report of the Director of Investigation, Kolkata, which was general in nature and not specific to any assessee. The assessee was not confronted with any statement or material alleged to be the basis of the report of the Investigation Wing of the department and which were the basis on which conclusion were drawn against the assessee. Copy of the report was also not given. 4. Under the circumstances, in a number of cases this bench of the Tribunal has consistently held that decision in all suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We are bound by the proposition of law laid down in these case law by the Jurisdictional High Court as well as by the ITAT Kolkata. They are squarely applicable to the facts of the case. The ld. Departmental Representative, though not leaving his ground, could not controvert the claim of the ld. Counsel for the assessee that the issue in question is covered by the above cited decisions of the Hon ble High Courts and the ITAT. 6. The ld. Departmental Representative relied on the order of the SMC Bench of the Bangalore ITAT in the case of Smt. M.K. Rajeshwari vs. ITO; ITA No. 1723/Bng/2018; Assessment Year 2015-16, order dt. 12/10/2018. This judgments is in favour of the revenue. But we are bound by the judgment of the Jurisdictional Hig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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