2023 (11) TMI 1249

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....9,07,414/-. This addition has been made based on the AO's view that the appellant/assessee has undisclosed deposits with a foreign bank i.e., HSBC Bank, Geneva. 3. We had heard the matter briefly on 25.05.2023, when the following was recorded: "1. This appeal concerns Assessment Year (AY) 2006-07. 2. Mr Ajay Vohra, learned senior counsel, who appears on behalf of the appellant/assessee, says that no incriminating material was found in the AY in issue, in the search conducted on 14.11.2011. 3. The information based on which order under Section 153A of the Income Tax Act, 1961 [in short, "Act"] was passed was already available with the respondent/revenue. The information which was available with the respondent/re....

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....ted in the impugned addition. 4.1 This position was refuted by Mr Rohit Jain, who appears on behalf of the appellant/assessee. Accordingly, the following directions were issued on 18.08.2023: "3. Mr Sharma will file an affidavit of the concerned Assessing Officer (AO) with regard to the instructions received. The incriminating material found during the search will also be placed on record. 3.1 The aforesaid affidavit will be filed within three weeks, a copy of which will be furnished to Mr Jain." 5. Despite a specific direction being issued, no affidavit has been filed on behalf of the respondent/revenue. 6. On the other hand, Mr Jain has taken us through the documents that were the subject matter of proceedings b....

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....he documents appended on the PDF page 12 [running page 11]; PDF page 23 [running page 22]; PDF page 34 [running page 33]; PDF page 40 [running page 39], and PDF page 49 [running page 48]. 9. We may indicate that the document appended on PDF page 12 is a statement of the appellant/assessee recorded on oath. The other documents are correspondences exchanged between the appellant/assessee and the ACIT, as well as the respondent/revenue. 10. We may also indicate that Mr Jain has placed before us a copy of the intimation, dated 22.09.2023, sent to the AO, requesting him to supply, to the appellant's/assessee's counsel, the affidavit, in terms of the order dated 18.08.2023. Furthermore, emails dated 18.11.2023, and 04.10.2023, were sent to ....