2025 (4) TMI 1042

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.... facts of the case as there was no valid jurisdiction available with the Ld. ACIT. 2. Because the addition made on account of unexplained by the officer on the basis of loose paper does not conclusively established about the transaction in view of the both assessee on whom search conducted and the petitioner denied. 3. Because the conflicting notice issued by the Mumbai Tax Authority and the assessment made by the Delhi Tax Authority. 4. Because the satisfaction note recorded and satisfied by Ld. DCIT Mumbai it self bad on the face of it. 5. Because transferring of jurisdiction without giving any opportunity to the assessee is bad on 26-10-2022 6. Because notice U/s 143(2) of the Act is bad ....

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....efore the Ld. CIT(A). The Ld. CIT(A) vide order dated 29/05/2023, dismissed the appeal filed by the Assessee. Aggrieved by the order of the Ld. CIT(A) dated 29/05/2023, the Assessee preferred the present Appeal on the grounds mentioned above. 5. The Ld. Counsel for the Assessee submitted that the seized document was not belongs the Assessee, nor does it bear the name or signature of the Assessee and the alleged seized document is not even in the hand writing of the Assessee or the hand writing of search person Mr. Gurvinder Singh Duggal. Further submitted that the said Gurvinder Singh Duggal has also denied receiving any such cash payment. The Ld. Assessee's Representative further contended that all the payments related to property t....

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....seized person for the sake of convenience and ready reference, the seized document is reproduced as under:- 8. The Co-ordinate Bench of the Tribunal in the case of ACIT Vs. LataMangeshkar 97 ITD 53 held that unsigned, unverified papers cannot form the basis for addition u/s 69B of the Act. Further, the Hon'ble Supreme Court in the case of Common Cause Vs. Union of India (2017) 394 ITR 220(S.C) also held that loose papers cannot be considered as admissible evidence for making an addition unless backed by independent corroborative material. 9. In the present case, the loose sheet has been recovered from the searched person i.e. Gurvinder Singh Duggal who is a third party, which bears no signature of either the Assessee or searched p....