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    <title>2022 (11) TMI 1168 - ITAT SURAT</title>
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    <description>Addition based on a seized third-party saudha chithi was unsustainable where the document did not bear the assessee&#039;s name or signature, was not recovered from the assessee, and was unsupported by independent evidence of receipt of consideration. Retractions by the supporting witnesses, denial by the assessee and co-owners, and the continued existence of the recorded owners&#039; names without a registered sale deed further weakened the Revenue&#039;s case. The Tribunal also applied the principle that material relied upon for an addition must be tested through effective cross-examination; in the absence of such opportunity and clear linkage to the alleged unaccounted transaction, the addition was deleted.</description>
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    <pubDate>Tue, 22 Nov 2022 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=430744</link>
      <description>Addition based on a seized third-party saudha chithi was unsustainable where the document did not bear the assessee&#039;s name or signature, was not recovered from the assessee, and was unsupported by independent evidence of receipt of consideration. Retractions by the supporting witnesses, denial by the assessee and co-owners, and the continued existence of the recorded owners&#039; names without a registered sale deed further weakened the Revenue&#039;s case. The Tribunal also applied the principle that material relied upon for an addition must be tested through effective cross-examination; in the absence of such opportunity and clear linkage to the alleged unaccounted transaction, the addition was deleted.</description>
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