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Cit vs Nipun Builders & Develpers Pvt. Ltd. on 7 January, 2013

1.8 The Assessing Officer relied on the judgment of Hon'ble High Court In the case of CIT vs. Nipun Builder & Developer, 350 ITR 407 (DEL) and in which the Hon'ble High Court has stated that the assessee cannot develop cold feet at the time of furnishing the details as called for by the Assessing Officer at the time of assessment proceedings. The court has further stated that continuing relationship exist between the share applicant as well as the assessee company who has received substantial amount of monies from these companies.

Kishinchand Chellaram vs The Commr. Of Income-Tax Bombay City Ii, ... on 16 September, 1980

4.7 We find that the addition was solely based on the name written in the document which was found and seized from the premises of a third person in a different search action. The statement of the Accountant of searched entity was not confronted to the assessee. Further no corroborative documents or evidence was brought by the Revenue to prove as to what was that unexplained expenditure. The factum of spending money for any particular purpose has not been proved by the Revenue. Reliance is also placed on the judgment of Hon'ble Supreme Court in case of Kishinchand Chellaram Vs. CIT, Bombay wherein it was held that the burden was on the Revenue to show that the amount have been remitted from the assessee to the other company. In the instant case also the Revenue has not brought anything on record to prove even primarily that the amounts have been sent from the assessee to M/s Hansa Metallic Ltd. The Ld. CIT(A)'s conclusion that the addition needs to be confirmed in the hands of the assessee on the grounds that M/s Hansa Metallic Ltd has not entered this amount in their regular books of accounts cannot be accepted as no material was brought by the Revenue to prove that the transactions indeed pertains to the assessee.
Supreme Court of India Cites 1 - Cited by 487 - P N Bhagwati - Full Document
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