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TMI Blog2024 (9) TMI 1184X X X X Extracts X X X X X X X X Extracts X X X X ..... dent nor any of its authorised representatives appeared before us to assist the Bench and argue the matter. There is no application for adjournment either. However, the Bench was of the opinion to dispose off the matter in the absence of the assessee respondent after hearing the learned Departmental Representative and on the basis of material available on record. 2. Since both these appeals pertain to the same assessee involving common issues arising out of identical set of facts and circumstances, except variation in figures, therefore, as a matter of convenience, these appeals were heard together and are being disposed off by way of this consolidated order. However, in order to understand the implication, it would be necessary to take no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Ld. CIT(A) has erred in deleting the addition made by the AO on the basis of impounded material. 4. Any other grounds that may be raised during the appellate proceedings." 4. Facts in Brief:- A survey action under section 133A of the Income Tax Act, 1961 ("the Act") was conducted at the business premises of M/s. Tirupati Developers. During the survey proceedings many incriminating documents related to the assessee were found and impounded. It was ascertained that the assessee has entered into cash transaction which was given to M/s. Tirupati Dvelopers, and the assessee is a beneficiary of cash related transaction during the previous year relevant to assessment year under consideration. For the year under consideration, the assessee fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee is a house wife. She does not know anything about the transaction made by the appellant, as the appellant was not discussing the business transactions with her. The assessee was suffering from ill health from past few months before his demise because of which he couldn't reply at the time of assessment proceeding. Due to his ill health the assessee could not make the compliance against the notices issued u/s 148 & 142(1) of the Income Tax Act, 1961. The addition to total income of Rs. 51,70,000/- was made on account of loose paper/register wherein amount paid in cash has been framed as undisclosed income u/s 69C as per Para 8 of Assessment Order. The Assessing Officer had made addition to the income of the assessee on the ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstruction Company vs Department of Income Tax on 9 February, 2012 IN THE INCOME TAX APPELLATE TRIBUNAL, Hyderabad. Further the appellant has made various judicial references in his submission regarding addition made u/s 69A. In view of the above facts and circumstances and the judicial references quoted by the appellant I am of the opinion that the additions made by the AO of Rs. 18,58,555/- on account of undisclosed income u/s 69A is unjustified and deserves to be deleted. Hence ground no 4 is allowed." 6. None appeared on behalf of the assessee respondent. 7. The learned Departmental Representative supported the order of the learned CIT(A). 8. Having heard the learned Departmental Representative and on a perusal of the material ava ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e circumstances of the case, Ld. CIT(A) has erred in deleting the addition of Rs. 81,31,000/- on account of unexplained expenditure u/s 69C of I.T. Act and addition of Rs. 30,82,000/- on account of undisclosed income ignoring the fact that the assessee was failed to explain the transaction recorded in the impounded documents, as such the order was completed u/s 144 of the I.T. Act. 3. On the fact and in the circumstances of the case, Ld. CIT(A) failed to appreciate the facts that due to the survey conducted at the premise of M/ Tirupati Developers, the huge transaction of Rs. 81,31,000/- an Rs. 30,82,000/- in respect of the assessee unearthed, which otherwise would have escaped assessment, as such the Ld. CIT(A) has erred in deleting the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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