Brirendrasingh K. Bhadoria,, vs Department Of Income Tax
In the case of Bharat A. Mehta Vs. ITO reported in 116
Taxman 301 (Ahd.) (Mag.) the addition relating to on money
was deleted by observing that in spite of search ,the revenue
could not lay hand on any document to show that the
assessee had paid 'on money'. Moreover the revenue could
not give any material to justify the calculation of the amount
added to assessee's income. In this case it was held that
"where based on statement /admission of builders of
bungalows under a particular scheme regarding receipt of
'on money' on sale of bungalows, addition under Section 69
was made in case of assessee who had purchased a
bungalow under said scheme but, when examined in
presence of assessee, builders denied receipt of any * on
money' from assessee, addition was to be deleted."