2015 (6) TMI 1273

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....ER: T.R. MEENA, A.M. This is an appeal filed by the Revenue against the order dated 27/04/2012 passed by the learned CIT (A)-III, Jaipur for A.Y. 2009-10. The effective grounds of appeal are as under:- "i The CIT(A) has passed a perverse order in concluding that telescoping was to be necessarily allowed suo moto by the A.O. even when the burden of proving its eligibility was on the ass....

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....nized U/s 143(3) of the Act. The assessee had surrendered Rs. 21,00,557/- during the course of survey proceedings on account of excess cash found. The total disclosure including cash as per statement was Rs. 1,51,17,149/-. After taking the advantage of telescopic of undisclosed income with undisclosed payment the net amount, the assessee had shown returned income of Rs. 1,20,19,449/-. The Assessin....

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....he house are not established. It is undisputed fact that unrecorded transactions were found to the first three months of financial year 2008-09. Therefore, unaccounted transactions were found to only for the period of the first three months. There is no evidence with the revenue that the assessee unaccounted income of Rs. 30,95,700/- from Sayyed Colony scheme, has been invested or spent in any oth....

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....ed at total income of Rs. 1,15,92,870/- only, which included the surrendered income of Rs. 1,20,19,449/- only inasmuch as the assessee claimed telescoping of the unaccounted investment in house of Rs. 21,00,000/- and unaccounted cash to the extent of Rs. 9,97,700/-, out of the total cash found, against the unaccounted income of Rs. 30,97,700/-, being the income earned and offered in respect of Say....