2019 (2) TMI 174

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....62 OF 2016, INCOME TAX APPEAL NO.1168 OF 2016 AND INCOME TAX APPEAL NO.1170 OF 2016 - -<br>Income Tax<br>Akil Kureshi And M.S. Sanklecha, JJ. For the Appellant : Mr. Tejveer Singh For the Respondent : Mr.Naresh Jain with Ms.Neha Anchliya i/by M/s Argud Partners ORDER P.C.: 1. These appeals arise out of common background. We may notice facts from Income Tax Appeal No.1151 of 2016. Th....

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.... (iii) Whether on the facts and circumstances of the &nbsp;case and in law, &nbsp;the ITAT has erred &nbsp;by ignoring the facts brought out in notings in loose papers seized as bundle Nos.A/M/08 which are admissible evidence of complicity of the assessee as per Section 10 of the Indian Evidence Act? 2. Brief facts are as under: Respondent&shy;assessee &nbsp;is an individual. The departmen....

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....tions principally on the ground that the identity of the present assessee as the receiptant on money from Dhariwal Group of Industries was never established. The Tribunal &nbsp;noted that at &nbsp;best &nbsp;the reference in the seized documents was of payments to P.C. Jain. The assessee i.e. Prabhat Chandra Jain contended that no such payments were made to him and the reference in the loose paper....

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....sp;issues are purely factual in nature. No question of law arises. During the search carried out against the assessee no incriminating material was found. In any case, therefore, additions could not have been sustained. 5. We have heard learned counsel for the parties and perused documents on record. We find that the Tribunal has examined the materials on record to come to factual conclusion th....