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The basis for addition is only note book/loose slips. These note book/loose slips are
unsigned documents. The assessing officer has not established nexus between the note
book/loose slips with actual accrual/ receipt of interest. The note book/loose slips seized
marked A/NCCL-1/1 found during the course of search is a dumb document having
no evidentiaryvalue, no addition can be made in the absence of corroborative material. If
there is circumstantial evidence in the form of promissory notes, loan agreement and bank
entries, the addition is to be made on that basis to the extent of material available. The
assessee is not expected to explain the loosepapersfound as there is no evidence other
than note book/loose slips regarding accrual of interest. In our opinion, no addition can be
made on the basis of dumb documents/note book/loose slips in the absence of any other
material to show that the assessee has carried on money lending business. Noting on the
note book/diary/loosesheets are required to be supported/ corroborated by other evidence
and are also include the statement of a person who admittedly is a party to the noting and
statement from all the persons whose names there on the note book/loose slips and their
statements to be recorded and then such statement undoubtedly should be confronted to
the assessee and he has to be allowed to cross examine the parties.