2018 (7) TMI 1996

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....nshu Srivastava,  This appeal filed by the assessee is directed against the order passed by the Ld. CIT(A)-23, New Delhi dated 19.1.2015 for assessment year 2006-07 and the sole issue being disputed by the assessee is the action of the ld. Commissioner of Income Tax(A) in directing the Assessing Officer to examine the taxability of expenditure incurred on credit cards amounting to Rs. 1,25....

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....ty of expenses incurred on credit cards as perquisite to the file of the Assessing Officer.  The assessee is in appeal against this direction. 2.2 At the outset, ld. AR appearing on behalf of the assessee submitted that a similar addition of credit card expenses was also made in the hands of the assessee in assessment years 2007-08 to 2012-13 and the same was deleted by the ITAT vide conso....

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....liance was placed on the judgment of the Hon'ble Apex Court in the case of CIT vs Mukundray K. Shah reported in 429 ITR 233(SC) and another judgment of the Hon'ble Apex Court in the case of CIT vs Ajit Kumar reported in 93 rtaxmann.com 294(SC).  Ld. C.I.T. DR submitted that any material or evidence found and collected during the course of search can be used in the case of a connected person. ....

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....during the course of search. The Ld. CIT (DR) has also no dispute on this issue. Under these circumstances, the addition on account of credit card expense in respect of the captioned assessment years deserves to be deleted. It is ordered accordingly. In result, ground nos. 4, 4.1 to 4.2 in assessment year 2007-08 and ground nos. 5, 5.1 to 5.2 of the assessment years 2008-09 to 2010-11 are allowed.....