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2007 (5) TMI 176

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....of seized material. 2. Premises of M/s I.G. Builders and Promoters Pvt. Ltd. in which the assessee is a Director and of the assessee were searched on 18th January, 2000 and a document marked as Annexure A-37 was found and seized. The said document contained the following entries:- 3. Annexure A-37 (Page 13) "Cash RB- Ch.31.50                          9.50                         41.00                   &....

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....on is rebuttable, the assessee did not adduce any evidence or offer any explanation before the Assessing Officer to rebut the same. The figures recorded in the loose sheet seized during the search and the entries entered into the books of M/s I.G. Builders did not tally and the assessee failed to explain these entries in the seized documents. 8. The Tribunal vide its impugned order deleted the addition made by the Assessing Officer holding that : "In the present case the Revenue has used its longest arm of search available to the Revenue to unearth unaccounted money or evidence thereof. Having taken above step and as per law, it has to be proved strictly that undisclosed income assessed in the hands of the assessee is undisclosed inco....

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....sclosed income" have been defined in clauses (a) and (b) to section 158B, for the purpose of the Chapter. We are concerned with the definition of "undisclosed income". The provision in its entirety reads as follow : "(b) 'undisclosed income' includes any money, bullion, jewellery or other valuable article or thing or any income based on any entry in the books of account or other documents or transactions, where such money, bullion, jewellery, valuable article, thing, entry in the books of account or other document or transaction represents wholly or partly income or property which has not been or would not have been disclosed for the purposes of the Act." 10. It is clear from the above definition that the income or the property, which....