2015 (3) TMI 50

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....lding the addition of Rs. 3,18,602/- out of total addition of Rs. 3,68,602/- made on the basis of certain documents recovered from the premises of M/s Gian Chand Ramji Das during the course of search conducted on 6.2.2003. 2(ii)That the assessee firm having furnished satisfactory explanation in respect of 8 entries involving an amount of Rs. 3,46,048/-, the CIT(A) should have allowed relief in respect of 8 entries instead of allowing relief in respect of only one entry involving relief of Rs. 50,000/-. 3. The appellant craves leave to add, alter, amend, delete, substitute any or all the grounds of appeal on or before the date of hearing." 2. The facts relating to the issue in dispute are that during the course of search proceedings of a ....

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....page 2 and hold that these receipts are not recorded in the books of accounts produced by the assessee during the course of block assessment proceedings. The assessee vide order sheet entry dated 17/10/2005 to explain with evidence about the nature of these transactions. In response to this the assessee filed reply dated 20/10/2005, wherein it was stated that the assessee was not aware about the company like AAA Exports and ABC Exports etc. The assessee has also enclosed a letter from Chandra Prakash Kalucha partner of M/s Gian Chand Ramji Das. In this letter Sh. Chandra Prakash stated that he himself, his children and his employees for learning sake and convenience work making entries on the computers. For making any entries, first of all ....

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.... by the assessee and mainly uphold the addition of Rs. 318602/- out of the total addition of Rs. 368602/- and his given the relief of Rs. 50,000/-. 3. Ld. Counsel for the assessee stated that the ld. First Appellate Authority has passed the illegal order in the case of assessee without going through the record of the case which is contrary to the law and facts of the file. He stated that on earlier occasions the AO as well as the ld. CIT(A) has not given sufficient opportunity to the assessee for substantiating its claim before them but in appeal the ITAT has remit the issue back to the CIT(A) and directed him to pass an order after giving assessee an opportunity of being heard. In compliance of the order of the Tribuanl the CIT(A) has pas....

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....ilable with us specially the orders passed by the Revenue Authorities along with written submissions filed by the assessee before the ld. First Appellate Authority along with other documentary evidence supporting the claim of assessee. We find that in the search 56 papers were seized from the premises of M/s Gian Chand Ramji Das and 33 papers are linked to the general copy house sent to the AO of the assessee. On explanation by the assessee on the seized document the assessee stated that they were not aware of the companies M/s AAA Exports & M/s ABC Exports etc. The assessee has also filed a letter from Mr. Chandra Prakash partner of M/s Gian Chand Ramji Das in which he has stated that he has made these entries for his learning and also tol....