2026 (4) TMI 175

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....7 r.w.s. 144B of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') relating to the Assessment Year 2019-20. 2. Brief facts of the case is that the assessee is a retired school Teacher, as her income was below taxable income for the Asst. Year 2019-20, the assessee has not filed the Return of Income. There was a survey action u/s. 133A of the Act on 30-05-2019 in the premises of the builder/developer M/s. Samanway Sparsh group, wherein one loose Excel sheet was found wherein "k details" means cash payment details found. The A.O noted that on purchase of shop no. 17 to 20, the purchaser has made cash payment of Rs. 52,00,000/- and balance Rs. 40,00,000/- paid by cheques, wherein assessee's Name and PAN Number reflecting in th....

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....sessing officer. 4. Aggrieved against the appellate order, assessee is in appeal before us raising the following Grounds of Appeal: 1. The order passed by the Ld. CIT(A) is against the law, equity and principle of natural justice. 2. The Ld. CIT(A) has erred in law and on facts in upholding the addition made of Rs. 14,00,000/- by Ld. A.O. 3. The appellant craves liberty to add, amend, alter or modify all or any grounds of appeal before final appeal. 5. Ld. Counsel appearing for the assessee brought to our notice to the reassessment order passed by the assessing officer more particularly Page no. 9 of the assessment order wherein the so called excel sheet relied by the A.O. for reopening of assessment. The ex....

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....,000/- in which Rs. 40,00,000/- was paid in cheques and Rs. 52,00,000/- paid in cash. The A.O. further not made any reference about the statements recoded during the course of survey, when the survey was conducted on 30- 05-2019, but the assessee purchased the shop in July 2021 which is totally a different project. 8. It is well settled principle of law by Jurisdictional High Court that excel sheet found and seized during the course of survey is not sufficient proof of the transaction between the assessee and the developer. The nature of the document was not explained by the assessing officer while proceedings against the assessee, thereby the additions were rightly deleted by the Ld. CIT(A) and ITAT. Therefore Hon'ble High Court, dismis....

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....the said document. The nature of the document has not been explained by the Assessing Officer while proceeding against the assessee. The statements of the persons recorded during search with reference to the alleged, seized material, was not provided to the assessee and hence, the entire proceedings under Section 153C of the IT Act of 1961 stood vitiated. 4 Learned Counsel for the petitioner could not successfully demolish the facts, which are recorded concurrently by the CITA and ITAT, 5. No question of law much less any substantial question of law arises to entertain this appeal. The same is accordingly, dismissed." 8.1. Even in the present case, the assessing officer merely relied upon the excel sheet which is relati....