Indian Kanoon - Search engine for Indian Law

ITA Nos.248 & 249/DEL/2023

6. Whereas in the case of Vikas Gupta, ld. CIT (A) sustained the addition made by the AO of Rs.14,31,500/- made under section 69A of the Act relating to the cash found at the premises of Mr. Vijay Gupta.

7. Aggrieved, the assessee, (Vijay Gupta) is in appeal before us raising following grounds of appeal :-

"1. The Ld. CIT(Appeals) has erred in law and on facts in confirming the arbitrary additions made by Assessing Officer on the basis of scribblings in loose/dumb papers, seized & marked as Annexure A-l page 1 to 47, which were not found from the appellant alleging it to be belonging to the appellant ignoring the well settled principle of law that addition can only be made in the hands of a person from whom the documents are seized. Therefore, the action of the Ld. CIT(Appeals) in confirming the additions is arbitrary, unjustified, illegal based upon mere conjecture & surmises and bad in law.

2. That the Ld. CIT(Appeals) erred in law and on facts in confirming the additions made on the basis of loose/dumb papers not found from the appellant ignoring the denial of the appellant in his statement recorded at the time of search that these papers do not belong to him, which is arbitrary, unjustified and against the provisions of law.

3. Without prejudice to above, The Ld. CIT(Appeals) has erred in law and on facts in confirming the arbitrary additions made by Assessing Officer on the basis of scribblings in loose/dumb papers, seized & marked as Annexure A-l page number 18, 19, 23 and 29 by the investigating team, which were not in possession of the appellant ignoring the well settled principle of law that no addition can be made on basis of dumb/loose papers without corroborating it with any independent evidence. Therefore, the action of the Ld. CIT(Appeals) in confirming the additions is arbitrary, unjustified illegal based upon mere conjecture & surmises and bad in law.

4. That the Ld. CIT(Appeals) erred in law and on facts in confirming the addition of Rs. 2,95,331/- made by Assessing Officer on account of unexplained investments from undisclosed sources of income in respect of vehicle (Duster) not belonging to the appellant by alleging it to be cash payments on the basis of scribblings in loose papers seized & marked as Page No. 18 of Annexuure-A-1, not found ITA Nos.248 & 249/DEL/2023 from the appellant, which is arbitrary, unjustified and against the provisions of law.

5. The Ld. CIT(Appeals) erred in law and on facts in confirming the addition of Rs. 4,95,267/- made by Assessing Officer as unexplained investments from undisclosed sources of income by alleging it to be cash payments for CHATTARPUR on the basis of scribblings of loose papers seized & marked as Page No. 19 of Annexuure-A-1, not found from the appellant, which is arbitrary, unjustified and against the provisions of law.

6. The Ld. CIT(Appeals) erred in law and on facts in confirming the addition of Rs. 25,00,000/- (interpretating 3,8,7&7 as Rs. 3 lacs, Rs. 8 lacs, Rs. 7 lacs and Rs. 7 lacs respectively) made as unexplained investment from undisclosed sources of income by alleging it to be cash payments made to Nitin on the basis of scribblings in loose papers seized & marked as Page 23 of Annexure- A-1, not found from the appellant, which is arbitrary, unjustified and against the provisions of law.