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TMI Blog2025 (1) TMI 1283X X X X Extracts X X X X X X X X Extracts X X X X ..... romoters Pvt. Ltd. against the two respective common orders dated 11.01.2023 and 13.01.2023 passed by the ld. CIT(A)-23, New Delhi relating to assessment years 2014-15, 2015-16, 2017-18 & 2018-19. 2. In all these cases, assessment order dated 24.5.2021 has been passed u/s. 153A of the Act. The addition made for all the years is on the basis of notings in a seized diary found from the premises of Kaushalya Residency Girls Hostel, GNHIPL during the course of search u/s. 132 of the Act. AO has made the following additions in two group concerns :- Shri Sai Om Infravision (P) Ltd. S.No. Assessment Year Amount of addition made by AO 1 2014-15 6,44,00,000/- 2 2015-16 1,30,00,000/- 3 2017-18 2,38,00,000/- 4 2018-19 32,00,000/- S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 Cash -do- The addition is made by the AO in the AY 2015-16 29.03.2017 Booking of Flat 0.32 Cash -do- The addition is made by the AO for AY 2017-18 20.04.2017 Booking of Flat 0.1 Cash -do- The addition is made by the AO for AY 2018-19 Total 1.72 55. The appellant and M/s Om Sai Infrapromoters Pvt. Ltd. were equal partners in the project being undertaken at Dehradun. Therefore, the unaccounted income is equally distributed between the two companies. 56. The year wise breakup of the undisclosed business income on the basis of the notings in the diary in the case of two companies is computed as under:- Unaccounted receipts as per the diary (amount in Rs. ) Share of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of Shri Om Sai Infrapromoters Pvt. Ltd.. "52. After examination of the data it is seen that the following transactions are not reflected in the books of accounts of either the appellant or the co-developer Om Sai Infrapromoters Pvt. Ltd. It is also seen that the amounts are indicated in lakhs. For example 30 indicates Rs. 30 lakhs. This is so because the corresponding entry in the books of accounts is in lakhs. Thus, if there is 100 written in the diary, then in the books of accounts, 1 Crores is appearing if the entry is matching. 54. To sum up, the following notings are neither reflected in the accounts of the appellant or of the Om Sai Infravision Pvt. Ltd. Date Particulars Amount of Booking (in Cr.) Mode of Payme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and addition of Rs. 6,29,00,000/- is deleted. 58. Thus, for the AY 2015-16, addition of Rs. 50,00,000/- is sustained and addition of Rs. 80,00,000/- is deleted. 59. Thus, for the AY 2016-17, no addition is sustained and entire addition of Rs. 4,20,00,000/- is deleted. 60. Thus, for the AY 2017-18, addition of Rs. 16,00,000/- is sustained and addition of Rs. 2,22,00,000/- is deleted. 61. Thus, for the AY 2018-19, addition of Rs. 5,00,000/- is sustained and addition of Rs. 27,00,000/- is deleted. 62. During the course of appellate proceedings, the appellant made an argument that the addition cannot be made u/s. 69A as at the most the amounts not reflected in the books of accounts are business receipts. However, as no specific gro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on that on the basis of dumb documents, addition cannot be made. 7. Per contra, Ld. DR relied upon the orders of the authorities below and referred the decision of the Hon'ble Punjab and Haryana High Court in the case of Namdev Arora vs. CIT, Jallandhar dated 20.7.2016 [2016] 72 taxmann.com 124 (P&H) for the proposition that mentioning of wrong section is not fatal and she also relied upon the decision of the Hon'ble Madras High Court in the case of M. Vivek vs. DCIT decided on 24.11.2020 [2020] 121 taxmann.com 366 (Madras) for the proposition that loose sheets picked u/s 132 was mentioned in section 132(4) and therefore, it has got evidentiary value. 8. We have carefully considered the submissions and perused the records. We find that AO ..... X X X X Extracts X X X X X X X X Extracts X X X X
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