2025 (2) TMI 1898

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....ukesh Kumar Jain, CIT (DR) ORDER PER SATBEER SINGH GODARA, JUDICIAL MEMBER: These Revenue's twin appeals ITA Nos. 133 & 134/Agr/2022 for assessment years 2015-16 & 2017-18, arise against the Commissioner of Income Tax(Appeals)-4 [in short the "CIT(A)], Kanpur's separate orders in Appeal Nos. CIT(A)-IV/KNP/10648/2019-20 and CIT(A)-IV/KNP/10655/2019- 20, both dated 30.05.2022, involving pro....

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.... seized documents. 3 That the Ld. CIT(A), has erred in law and on facts in allowing the claim of the assessee by deleting the addition of Rs. 5,44,00,000/- without appreciating the fact that onus was on the assessee to prove that the contents of seized paper were not authentic as per the provisions of section 132(4A) of the Income Tax Act. 4. Though the provision under section 13....

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....airly submits that the said search in fact had resulted in seizure of various incriminating documents "pages 142 to 145" containing some entries, on the basis of which the Assessing Officer proceeded to make the impugned addition by applying the statutory presumption under section 292C of the Act. 5. We next note that the assessee thereafter preferred his appeal wherein the learned CIT(Appeals)....

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.... the other seized documents "143 to 145" wherein various entries regarding "Singna", "Surya Nagar, "Tower 3" have been found pertaining to F.Ys. 2014-15 as well as 2015-16; involving varying sums, respectively. That being the case, we are of the considered view that going by the presumption of correctness of the contents therein u/s. 292C of the Act, the assessee/searched person could not get out ....