2009 (4) TMI 470

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.... 3. At the time of hearing none appeared on behalf of the assessee to proceed with the matter. However, on going through the material made available with the Tribunal, it is found that the matter can be adjudicated by hearing the learned Departmental Representative. Hence accordingly learned Departmental Representative was heard regarding the issue raised by the assessee in this appeal. 4. Learned Departmental Representative was also heard accordingly. 5. On careful analysis of the material made available with the Tribunal and analysing the same in the light of the rival submissions of both the parties, the undisputed facts are that a search was conducted from 20th Dec., 2002 to 23rd Dec., 2002. During the course of search a sum of Rs....

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....T(A) contending inter alia that learned CIT(A) after appreciation of the record made available in the assessment folder has rightly come to the conclusion that the sustained additions are much justified and hence there is no infirmity in the order passed by the learned CIT(A) requiring any interference. Accordingly he sought for upholding the same by dismissing the appeal of the assessee. 9. On careful analysis of the orders of Departmental authorities in the light of rival submissions of both the parties as well as the material made available on record, it is found that undisputedly there is a search from 20th Dec., 2002 to 23rd Dec., 2002 and during the course of search, a sum of Rs. 3 lakhs was seized in cash. Thereafter statutory not....

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....t sustenance of addition of Rs. 13,960 is unjustified and is hereby deleted by allowing the issue raised by the assessee. 13. The next sustained addition of Rs. 44,000 is on account of expenditure incurred on Grah Parvesh ceremony conducted by the assessee during the block period. 14. On going through the material available with the Tribunal, it is noticed that while giving his statement during the course of search, the assessee has submitted that he purchased land during the financial year 1997-98 for Rs. 2,01,000 and thereafter incurred expenditure of Rs. 13,000 for construction of boundary wall to the said land. This land was disposed of by the assessee by executing purchase cancellation agreement which disclosed that the assessee ....