2019 (4) TMI 202

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....ed on the delivery slip by the bus co. and for this reason, the appeal papers could not be received on time. Subsequently, the bus co. had called the office of the local Counsel, who has sent the appeal papers, and after receipt of such information, follow up was made and the appeal papers were delivered to the office of Mr. S.S. Deshpande and then the appeals could be filed. On the other hand, ld. CIT/DR opposed the submission of the ld. Counsel for the assessee. After considering rival submissions, we find that the assessees have filed applications for condonation of delay in filing the appeals along with the affidavit. We are of the view that assessee was not at fault for the delay, therefore, in the interest of justice, we condone the delay in filing the appeals. 2. The brief facts of the case as per assessment order are that a search u/s 132 of the IT Act, 1961 was conducted on the residential premises of the appellant assessee as well as on the premises of other related concerns/business associates on 29.01.2014. Since, the various concerns and individuals are inter-connected and have business associations, they have been put together under one common name. "Signature Group"....

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....rated the submission as made before the authorities below and filed written synopsis. On the other hand, Ld. CIT-DR vehemently supported the orders of the authorities below. 6. We have heard both the parties and perused material available on record. We find that the AO has estimated unexplained expenditure on foreign tours undertaken by the assessee. Ld. counsel for the assessee has, during course of hearing, drew our attention to the various advertisements by the travel agents in respect of foreign tours offered by them. After considering totality of facts, we are of the view that it would serve the interest of justice if estimate by the AO is reduced to 50%. Therefore, the AO is directed to delete 50% of the additions i.e. Rs. 3,00,000/-, Rs. 5,00,000/-, Rs. 4,97,175/-, Rs. 1,60,060/- & Rs. 8,00,000/- respectively for the A.Ys. 2010-11 to 2014- 15 and rest are sustained in view of the fact that the assessee could not furnish any confirmation of the travel agents. Accordingly, this issue is partly allowed for A.Ys. 2010-11 to 2014-15. Issue No.3- Unexplained investment in jewellery 7. In the assessment year 2014-15, the assessee has challenged the order of Ld. CIT(A) on the gr....

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....he same, this aspect requires verification at the level of the AO. Therefore, we deem it appropriate to set aside the issue back to the file of the AO with direction to the assessee to furnish the requisite evidences in support of the claim and then the AO will decide the issue afresh in terms indicated hereinabove. Thus, this issue is allowed for statistical purposes only. Issue No.4- Cash found 10. In the assessment year 2014-15, the assessee has challenged the order of Ld. CIT(A) on the ground that the Ld. CIT(A) erred in confirming the addition of Rs. 2,95,333/- apportioning and treating the cash found during the course of search with the family as explained. The total cash found with all the family members was Rs. 8,86,000/-. It was submitted that as per the cash book of the assessee, the cash is Rs. 1,38,484/- and as per the cash book of the firm, the imprest cash balance with the brother of the assessee is Rs. 9,30,000/-. Shri Vivek Chouhan is the partner in the firm and the cash of the firm was kept with him. However, the AO did not agree with the same and added one third cash in the hands of each one of the brothers. Thus, the AO made addition of Rs. 2,95,333/- in hands....

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.... CIT(A) holding that the AO was justified in making addition in the years where the assessment proceedings were not pending and no incriminating material was found during the course of search. Both the parties submitted that facts and circumstances of this issue are identical to that of the case of Vivek Chouhan. Therefore, following the reason given in the case of Vivek Chouhan (supra), we do not find any reason to interfere with the order of the Ld. CIT(A). Accordingly this issue is dismissed for A.Ys. 2010-11 to 2013-14. 20. The assessee has taken the grounds in respect of unexplained expenditure on foreign travel for A.Ys. 2010-11 to 2014-15. The AO made the additions on account of foreign tours under taken by the assessee to various countries during the A.Ys. 2010-11 to 2014-15. Both the parties submitted that facts and circumstances of this issue are identical to that of the case of Vivek Chouhan. Therefore, following the reason given in the case of Vivek Chouhan (supra), the AO is directed to delete 50% of the additions for the A.Ys. 2010-11 to 2014-15 and rest are sustained in view of the fact that the assessee could not furnish any confirmation of the travel agents. Acc....