2013 (1) TMI 1072

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....r. Advocate with B.D. Damodar i/by Kanga & Co. PC: 1) In this appeal by the revenue for the block period 1/4/1999 to 29/5/2001, the following question of law has been proposed for consideration by this Court. Whether on the facts and in the circumstances of the case and in law the Tribunal was justified in holding that the evidence found in the form of a noting during a search and seizure....

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.... and thus undisclosed income under Section 69 of the Income Tax Act, 1961 ("the Act"). In appeal, the CIT(A) by his order dated 14/11/2008 upheld the finding of the Assessing officer. The CIT(A) held that the seized document is found to be correct for one part then another part of the same document namely cash payment of Rs. 33 lacs should also be presumed to be correct. A document according to hi....

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....d document according to the Tribunal cannot be relied upon in the absence of supporting documents. The revenue has not brought on record any evidence to show that the transaction for the purchase of plot was for Rs.98 lacs including cash payment of Rs.33 lacs. Thus, the appeal of the respondent assessee was allowed. 5) We note that the Tribunal has allowed the appeal on a finding a fact. This f....