2017 (4) TMI 1542

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....th ITA No. 335/Chd/2013 for Assessment year 2009-10. The assessee has filed six grounds in this appeal of which ground numbers 1 to 4 were later withdrawn, and ground no. 6 is general in nature and needs no adjudication. The effective ground for adjudication is ground no. 5 which is given below: " That the learned CIT(A) has erred in upholding addition of Rs. 1603000/- under section 69C when there is no evidence the payment has been made and that too in the said financial year relevant to Assessment year in the appeal. Hence relief be allowed." 3. Brief facts of the case are that a search operation under section 132(1) of the Income Tax Act was carried out at the residential and business premises of Modern Group of cases on 17/0....

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....unts did not pertains to relevant Assessment year and also contended that these were the proposals given to managements for rise in salary and as such no amount was paid in cash. The assessee has also placed reliance in the case of CIT Vs. Atam Valves (P) Ltd. wherein the Punjab & Haryana High Court has observed that documents found including the slip pad containing payment of wages to various persons, in the absence of any other material the loose sheet by itself were not enough to make addition. Similarly in the case of Nirmal Fashions Pvt. Ltd. Vs. DCIT In ITA No. 427/Kol/2008 in which ITAT Kolkata bench has observed that no addition can be made on the basis of loose papers by making certain presumption which are found to be untenab....

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....case. Hence the addition is hereby deleted. The assessee gets relief of Rs. 16,03,900/- for the Assessment year 2009-10 and Rs. 7,50,000/- for the Assessment year 2010-11. 10. Ground No. 5 is allowed for statistical purposes. 11. Now we take up Appeal No. 336/Chd/2013 for Assessment year 2010-11. The grounds raised by the assessee are as under: " 2. That the learned CIT(A) has erred in upholding the addition that no details were filed in response to query why no disallowance has been made under section 14A, when no such specific query was raised by A.O. & this was brought to the knowledge of CIT(A) in the written submission also & details were filed before CIT(A). 3. That the leaned CIT(A) has erred in upholding the add....