TaxTMI 
TaxTMI 
2025 (7) TMI 172
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....No.CIT(A), Kanpur-4/10485/2019-20, respectively, arising out of the appeals before it against the orders dated 25.12.2019 passed u/s 153A r.w.s. 143(3) of the Income Tax Act, 1961 (hereinafter referred as 'the Act') by the DCIT, Central Circle, Meerut (hereinafter referred to as the Ld. AO). 2. Heard and perused the records. A search was conducted in the case of Shri S.K. Sharma and his family on 16.06.2017 along with a search conducted on Shri Ajay Kumar Contractor at his premises at Meerut from where allegedly various incriminating and sensitive documents were found and seized. Some of those documents, namely Annexure D-1, D-6 and LP-4 which are scanned as part of the assessment order were found to be containing information about payme....
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....AO gave benefit of the CBDT Circular and out of 1651.046 gms reduced 1450 gms to be jewellery explained and the remaining 201.046 gms valued at Rs. 7,29,940 being beyond the permissible limit were disallowed and added. As regards the addition of total addition of Rs. 7,29,940/- CIT(A) has sustained Rs. 2,76,101/-. Accordingly, the assessee is in appeal and the grounds for both the years involved are reproduced below:- A.Y. 2017-18 "1. That on the facts and circumstances of the case and under the law, the CIT(A)erred in confirming the addition of Rs. 36,51,000/- to the income of appellant for the alleged unaccounted income received from a contractor namely Ajay Kumar as made by the assessing officer. The addition has been c....
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.... 6. That the appellant craves, leave to modify/amend or add any one or more grounds of appeal." A.Y. 2018-19 "1. That on the facts and circumstances of the case and under the law, the CIT(A) erred in confirming the addition of Rs 40,00,000/- to the income of appellant for the alleged unaccounted income received from a contractor namely Ajay Kumar as made by the assessing officer. The addition has been confirmed without appreciating the submissions made and is based on surmises, conjectures arid on hypothetical reasonings, the same is bad in law. 2. That on the facts and in law and under the circumstances, the CIT(A) erred in confirming the addition of Rs, 40,00,000/- in the absence of any corroborative evidence fo....
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....s of the case and under the law, the CIT(A)- 3 Noida went wrong to ignore the statement recorded under section 132(4) of the Act at the time of search, that ought to have been considered fairly and judiciously and the addition confirmed is based on surmises, conjectures and on hypothetical reasonings, the same is bad in law. 7. That the appellant craves, leave to modify/amend or add any one or more grounds of appeal." 4. Both the appeals were heard together and we find that in regard to additions made on account of alleged unaccounted income received by the assessee from the contractor, namely, Ajay Kumar, the very same document have been considered by the coordinate Bench in the case of Rajeshwar Singh Yadav vs. DCIT, ITA Nos.1....
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....AR has submitted that the CIT(A) has not appreciated the complete surrounding facts of the case. In this regard, it was submitted that daughter of the assessee Ms Vasudha Sharma was engaged on 10.06.2017 and some gold ornaments were offered by her in laws that are also included while search was conducted on 16.06.2017. Her prospective groom was working in Paris since 2014 and belonged to a well to do family. Thus, at the time of engagement of his daughter, the assessee had received contribution and ceremonial gifts from friends and relatives. Further, jewellery belonging to daughter in law of the assessee was also kept with the wife of the assessee. Thus, the statement made by Smt. Pushpa Sharma, wife of assessee, showing ignorance with reg....