TaxTMI 
TaxTMI 
2025 (12) TMI 414
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.... following grounds of appeal: 1. Invalid Reassessment Proceedings. The Learned CIT(A) erred in upholding the Assessment Order passed under Section 147 r.w.s. 144B, which is bad in law and void ab initio, as the order under Section 148A(d) was passed without disposing of the objections raised by the Appellant, without furnishing copies of seized material/statements, and in violation of the mandatory procedure under Section 144B (non- issuance of draft order). 2. Addition Based Solely on Statements Without Corroboration The Learned CIT(A) erred in confirming the addition of Rs. 10,00,000 towards donation based only on statements recorded during search proceedings, without any corroborative evidence. It is w....
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....e have heard the counsels for both the parties, perused the material placed on record, judgments cited before us and also the orders passed by the revenue authorities. From the records we noticed that AO got information to the effect that the assessee had given bogus donation of Rs. 10 lakhs to All India Social Educational Charitable Trust on which search and seizure action u/s 132 of the Act was under taken on 02.02.2021. 4. As per the order of assessment, during the search proceedings in the case of All India Social Educational Charitable Trust Mr. Ram Bhawan Ojha and Tribhawan Ram Kalp Ojha were running the said trust and they admitted in their statement recorded on oath u/s 132(4) of the Act that the trust was involved in providing a....
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.... the entire facts and circumstance of the present case, we found that it is an undisputed fact that addition in the present case were sustained solely on the basis of statements of third person made during the search and in this regard "no seized material or documents have been relied upon". There is nothing on record in the shape of bank trail or corroborative evidence to the effect that the donation made by assessee was returned back by the donor after deducting commission thereon. It would not be out of place to mentioned here that throughout assessment proceedings assessee was never confronted with any such statement of alleged Ram Bhawan Ojha and Tribhawan Ram Kalp Ojha despite specific request made by the assessee. It is a settled law....
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....eady discharged his onus by furnishing primary evidences therefore the burden shifts upon the department to prove that the transactions were not genuine but in this case nothing has been placed on record to prove that the transaction was not genuine. Reliance in this regard is bring placed upon the decision in the case of CIT Vs. Chotatingrai Tea (SC), CIT Vs. Stellar Investment (SC) and PCIT Vs. Abhisar Buildwell. 9. We are also of the view that the provisions of Sec. 69C of the Act are attracted only when the source of the expenditure is unexplained whereas on the contrary as per the facts of the present case the source in this case is accounted bank funds Therefore Sec. 69C has no application. Lastly we have also considered the CBDT C....