M/S GAURAV PROMOTERS & BUILDERS,RAIPUR (CG) vs. THE DEPUTY COMMISSIONER OF INCOME TAX, RAIPUR (CG)

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ITA 89/BIL/2016Status: DisposedITAT Raipur15 January 2019AY 2007-089 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that additions based on documents found in premises not belonging to the assessee, without any corroborative evidence linking the assessee to the transactions, are unsustainable. Loose sheets and entries therein are not admissible as sole evidence to charge a person with liability.

What were the facts?

Incriminating documents, a ledger detailing cash transactions for land investment, were seized from a complex managed by a deceased individual, not from the assessee's premises. The assessee denied any connection to these documents or transactions.

What were the issues?

Whether additions can be made based on documents found in third-party premises without any corroborative evidence linking the assessee to the transactions. The admissibility and evidentiary value of entries in loose sheets were also considered.

Which sections of the Income-tax Act were involved?

Section 142(1)

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Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

Before: SHRI ANIL CHATURVEDI, AM & SHRI PARTHA SARATHI CHAUDHURY, JM

For Appellant: Shri Praful Pandse
For Respondent: Shri P.K. Mishra
Hearing: 14.01.2019Pronounced: 15.01.2019

आदेश की प्रधतधलधप अग्रेधषत / Copy of the Order forwarded to : 1. अपीलाथी / The Appellant. 2. प्रत्यथी / The Respondent. 3. The CIT (Appeals)-1, Raipur (CG). 4. The Pr. CIT-1, Raipur (CG) 5. धवभागीय प्रधतधनधध, आयकर अपीलीय अधधकरण, रायपुर बेंच, रायपुर / The DR, ITAT, Raipur Bench, Raipur.

// True Copy // आदेशानुसार / BY ORDER,

धनजी सधचव / Private Secretary आयकर अपीलीय अधधकरण, रायपुर / ITAT, Raipur.

9 ITA Nos.88 & 89 /RPR/2016 A.Y.2006-07 & 2007-08

Date 1 Draft dictated on 14.01.2019 Sr.PS/PS 2 Draft placed before author 15.01.2019 Sr.PS/PS 3 Draft proposed and placed JM/AM before the second Member 4 Draft discussed/approved by AM/JM second Member 5 Approved draft comes to the Sr.PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr.PS/PS 7 Date of uploading of order Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order

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