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    <title>2015 (12) TMI 958 - ITAT PUNE</title>
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    <description>Loose papers seized from a third party, without corroborative evidence linking the assessee to the alleged receipt, were held insufficient to justify an addition. The statutory presumption under section 132(4A) of the Income-tax Act applies only against the person from whose possession the document is seized, not against a third party. Sections 80 and 114 of the Evidence Act were found inapplicable on the facts because the assessee was not shown to be withholding evidence and the Revenue retained the burden of proving actual receipt. In the absence of independent proof of any business link or receipt, the addition under section 69A was deleted.</description>
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      <title>2015 (12) TMI 958 - ITAT PUNE</title>
      <link>https://www.taxtmi.com/caselaws?id=269654</link>
      <description>Loose papers seized from a third party, without corroborative evidence linking the assessee to the alleged receipt, were held insufficient to justify an addition. The statutory presumption under section 132(4A) of the Income-tax Act applies only against the person from whose possession the document is seized, not against a third party. Sections 80 and 114 of the Evidence Act were found inapplicable on the facts because the assessee was not shown to be withholding evidence and the Revenue retained the burden of proving actual receipt. In the absence of independent proof of any business link or receipt, the addition under section 69A was deleted.</description>
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      <pubDate>Fri, 30 May 2014 00:00:00 +0530</pubDate>
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