2013 (11) TMI 1609

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....tion of Rs. 4,16,000/- on account of unexplained/undisclosed cash found at the time of search. 2. Because the CIT (A) has erred in law and on facts in not appreciating the facts and the explanation, as well as the cash flow statement filed explaining the source of cash available at the time of search. 3. Because the CIT (A) has failed to appreciate that no statement on oath of the appellant was recorded at the time of search or during the course of assessment proceedings, thereafter, the addition made by the AO of Rs. 4,16,000/- reduced by C1T(A) to Rs. 3,70,000/- is based purely no disbelieving the explanation furnished by the assessee, which explanation has not been found to be false or untrue. 4. Because the CIT(A) has erred in law an....

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....CIT(A) allowed a relief of Rs. 46,000/- on account of saving from earlier years for entire family and he confirmed balance addition of Rs. 3.70 lakhs. Now the assessee is in further appeal before us. 3. It was submitted by learned A.R. of the assessee that the cash flow statement for the period 01/04/2007 to 31/03/2008 and 01/04/2008 to 31/03/2009 are available on pages 11 and 12 of the paper book and as per the same, it can be seen that no part of the addition confirmed by learned CIT(A) is sustainable. He also placed reliance on the Tribunal decision rendered in the case of DCIT vs. Satish Chandra Pandey in I.T.A. No.525/Lkw/2010 dated 30/03/2011. He submitted copy of the Tribunal order. 4. As against this, learned D.R. of the Revenue s....