ACIT as well as CIT (A) has ignored the fact of
document lost report dated 19.10.2016 filed by the
assessee during assessment as well ... submitted Lost Information Report dated
19.10,2016 stating; that important documents and bills were lost due to
theft. The A.O was of the opinion
rating and sample agreements. However on
finalisation of the agreement these documents lost any value. The
assessee company was also not under obligation to keep
that the original passport for FYs 1998-99
to 2004-05 was lost by him in his visit to London on 4th February ... produced a letter dated 24.2.2009 from the Lost
Office London, intimating the assessee that the document could not be
traced. The letter was examined
simply for want of
documents. In so upholding the disallowance, the CIT(A) did not appreciate
that documents were lost in the fire that occurred
from fraud
and forgery of documents of transfer. This is achieved by requiring
compulsory registration of certain types of documents and providing for
consequences ... such a document has been executed.
Registration provides safety and security to transactions relating to
immovable property, even if the document is lost or destroyed
material documents amplify the conclusion that the
assessee is in fact an entry provider. Even if one assumes that the documents
were lost
material documents
amplify the conclusion that the assessee is in fact an entry provider.
Even if one assumes that the documents were lost
missing. The Uttarakhand floods are well known natural
calamity and that certain documents of the assessee went missing
in that, is a completely acceptable explanation ... authorities below. It is an undisputed fact that the certificates/
documents were lost in the Uttarakhand floods. It is also not in
dispute that
Appeal proceedings the Ld. AR has filed certain
documents alongwith written submissions which have
been reproduced on page 4 & 5 of this order however ... dated 04.03.2006 to prove the fact that the
assessee has lost the documents somewhere and the assessee has
sought to produce those documents during appellate
furnished a reply before the ld. AO
that most of the documents were lost for which a complaint was filed with the police
authorities
