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    <title>2004 (3) TMI 319 - ITAT BOMBAY-E</title>
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    <description>An addition under section 69A requires the Department to independently prove that the assessee owned the asset and that it was not recorded in the books. Findings recorded by Customs under a different statute, a retracted brother&#039;s statement, and untested surrounding circumstances were not sufficient for income-tax purposes without corroboration and cross-examination. The Assessing Officer had to make an independent quasi-judicial determination on evidence gathered in assessment proceedings. On the facts described, ownership of the seized gold in the assessee&#039;s hands was not established, so the addition was not sustainable.</description>
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    <pubDate>Mon, 22 Mar 2004 00:00:00 +0530</pubDate>
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      <title>2004 (3) TMI 319 - ITAT BOMBAY-E</title>
      <link>https://www.taxtmi.com/caselaws?id=59228</link>
      <description>An addition under section 69A requires the Department to independently prove that the assessee owned the asset and that it was not recorded in the books. Findings recorded by Customs under a different statute, a retracted brother&#039;s statement, and untested surrounding circumstances were not sufficient for income-tax purposes without corroboration and cross-examination. The Assessing Officer had to make an independent quasi-judicial determination on evidence gathered in assessment proceedings. On the facts described, ownership of the seized gold in the assessee&#039;s hands was not established, so the addition was not sustainable.</description>
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      <pubDate>Mon, 22 Mar 2004 00:00:00 +0530</pubDate>
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