Saturday, January 10, 2015

During search as there was serious doubt regarding authenticity of evidence

IT : Addition could not be made at hands of assessee solely on single piece of evidence impounded during search as there was serious doubt regarding authenticity of evidence
IT : Where assessee accepted advances mentioned in seized material as his income, interest calculated on amount advanced as noticed in very same seized material certainly had to be considered to have been earned by assessee
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[2014] 52 taxmann.com 78 (Hyderabad - Trib.)
IN THE ITAT HYDERABAD BENCH 'B'
B. Bhaskar Rao
v.
Deputy Commissioner of Income-tax*
B. RAMAKOTAIAH, ACCOUNTANT MEMBER
AND SAKTIJIT DEY, JUDICIAL MEMBER
IT APPEAL NOS. 1731 TO 1734 (HYD.) OF 2013
[ASSESSMENT YEARS 2007-08 TO 2010-11]
AUGUST  1, 2014
I. Section 69A of the Income-tax Act, 1961 - Unexplained moneys (Seized document) - Assessment years 2007-08 to 2010-11 - Whether, where some document showing payment to assessee impounded during search and there was serious doubt regarding authenticity of were document and neither Assessing Officer nor Commissioner (Appeals) had conducted any enquiry to ascertain real fact, solely relying upon that single piece of evidence addition could not be made at hands of assessee and matter was to be remitted back to consider issue afresh - Held, yes [Para 10][In favour of assessee/Matter remanded]
II. Section 69A of the Income-tax Act, 1961 - Unexplained moneys (Interest amount) - Assessment years 2007-08 to 2010-11 - Whether when assessee accepted advances mentioned in seized material as his income, interest calculated on amount advanced as noted in very same seized material certainly had to be considered to have been earned by assessee - Held, yes [Para 16][In favour of revenue]

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