2013 (12) TMI 424

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.... ORDER Challenging the order dated 31.10.2007 passed by the Income Tax Appellate Tribunal "A" Bench Lucknow in two connected appeals being appeal nos. I.T.A No.261/Luc/2005 and I.T.A No.262/Luc/2005, the present appeal under section 260-A of Income Tax Appeal is at the instance of the Department. It relates to the block assessment period ending on 6.9.2001. On that date, a search & seizure oper....

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....s.3,96,604/- made by the A.O in respect of "other income" shown by the family members of the assessee without appreciating the facts of the case and material brought on record by the Assessing Officer. 2. Whether on the facts and circumstances of the case, the Hon'ble ITAT, was justified in law in confirming the order of the Ld. CIT(A) on the fact in not appreciating that there was no evidence ....

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....accommodation entry provided by the Bajaj Group. 5. Whether on the facts and circumstances of the case, the Hon'ble ITAT, was justified in law in confirming the order of the Ld.CIT(A) deleting the addition of Rs.69,400/- made on account of salary shown in the name of the son of the assessees Shri Hemant Bajpai wihout appreciating the material brought on record by the Assessing Officer which sho....

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....which is based on the account books and material found in the search and seizure operation. As regard the deletion of addition of Rs.3,96,604/- is concerned, it has been found that the said income has been disclosed in the name of other family members. There being no concealment, the addition was rightly deleted. The Tribunal has recorded finding that the income was not hidden from the Departme....