TaxTMI 
TaxTMI 
2021 (6) TMI 927
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....ya Homes Pvt. Ltd ., PAN AAFCS3503C was filed with the Hon'ble ITAT.indore for A.Yrs. 2007-08 to 2013-14 against the CIT(A)'s order on 27/03/2017. 2. The Hon.ble ITAT lndore vide combined order ITA No. (SS) 124 to 129IInd/2017 & ITA 3171lnd/2017 and ITA No. (SS) 141 to 146/lnd/2017 & (SS)342/1nd/2017 dated 24.01.2019 has decided the departmental appeal for A.Yrs. 2007-8 to 2013-14 in the case of the above mentioned assessee. 3.The Honble (TAT. lndore has deleted the addition on account of Unaccounted Transaction with M/s Fortune Group by observing that it is not ascertainable as to whether any addition, on the basis of dairy was made in the hands of M/s Fortune Builders. 4.Further. M/s Fortune Builder ill its application toHon....
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....e's premises and addition made on the basis of seized diary was based on third party statement for which no opportunity for cross examination was granted and therefore Hon'ble Tribunal had rightly deleted the addition and thus there is no mistake apparent on record. 5. We have heard rival contentions and perused the records placed before us and carefully gone through the contents of Miscellaneous Application filed at the instance of Revenue stating that there is an apparent error in the order of the Tribunal as the issue of the addition made on account of unaccounted transactions with M/s Fortune Group was adjudicated without considering the fact that M/s Fortune Builders in its application to Income Tax Settlement Commission has taken....
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.... land have no bearing with the assessee as the name of the assessee is not mentioned therein. No incriminating material relating to Fortune Group was found during the course of search at the assessee's premises. Both the lower authorities were unable to bring any material on record which could prove that the alleged transactions appearing in the diary found at the business premises of Fortune Group has any connection with the business as well as books of accounts regularly maintained by the assessee. Above all assessee have not been given any opportunity to cross examination even after making repeated request. Thus, Ld. A.O has not granted the opportunity of cross examination to the assessee with the author of the alleged diary as well as c....