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of <h1>Income tax appeal: Cash payment for flat purchase not linked to assessee. Revenue's appeal dismissed. Counter Objection upheld.</h1> <h3>Income Tax Officer, Ward 1 (4), Kathua Versus Surinder Singh</h3> Income Tax Officer, Ward 1 (4), Kathua Versus Surinder Singh - TMI Issues involved: Appeal by Revenue against CIT(A) order related to assessment year 2007-08.Grounds of appeal:1. CIT(A) deletion of addition on undisclosed income for flat purchase based on Secretary's statement u/s 132(4).2. CIT(A) deletion of addition based on non-jurisdictional ITAT decision.3. CIT(A) deletion of addition based on challenged ITAT decision.4. CIT(A) deletion of addition based on society's utilization of funds and profit earned.Facts:- Dream Land Cooperative Housing Society sold flats with payment details.- AO believed income escaped assessment due to cash payment for flat.- AO added cash payment amount to assessee's income.- CIT(A) deleted addition citing lack of conclusive evidence.- Only seized document was a computerized sheet from a third party.- No direct evidence linking cash payment to assessee.- Sale deed details and seized document discrepancies noted.- CIT(A) emphasized lack of conclusive link to cash payment.Decision:- CIT(A) deleted addition as presumption from seized document not conclusive.- ITAT concurred with CIT(A) that no direct evidence linked cash payment to assessee.- AO's case solely based on seized document and third party statement.- CIT(A) decision upheld due to lack of conclusive evidence.- Revenue's appeal dismissed, no infirmity found in CIT(A) order.Counter Objection (C.O.):- Assessee's C.O. allowed based on Amritsar Bench decision regarding reassessment legality.- Reassessment quashed as per section 153C, notice u/s 148 deemed illegal.- Reassessment order rightly quashed by CIT(A) following legal procedure.- Assessee's C.O. allowed, Revenue's appeal dismissed.Conclusion:- Revenue's appeal dismissed, Assessee's C.O. allowed.- Order pronounced on 25th September, 2012.
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