record during the course of investigation are as follows:
(i) Certain small scribbling note pads said to contain the details of goods removed without payment ... Shri R. Jawahar, Commercial Manager of the assessee, he deposed that these scribbling pads contain the details of the ingots removed without payment of duty
seized during the course of search were private records
containing notings and scribbling of certain amounts received and paid. It was
further pointed out that ... various concerns including that of the
assessee, only after decoding and scribbling, the entries concern-wise. The
CIT(A) held that notings contained
being drawn by the A.O,
referred to 1520 sq. ft (after scribbling) multiplied by six thousand,
which notings thus could safely be gathered were ... which stood mentioned as against a figure of "1520" (after
scribbling) multiplied by six thousand. The ld. A.R submitted that
Limited and that the same was treated as their share holding. The
scribbling relied by the Assessing Officer in the assessment, in no
way pertain ... them and the AO also without explaining the source of
the said scribbling had simply concluded that they had made
unexplained investment in the share
confirming the Order of the Ld. AO who
erred in treating the scribbling found in the seized documents as
actual transaction of business ... income of
the Appellant merely on the basis of scribbling made on one of the
seized materials
price fixed/displayed on the package containing
such goods, thereby changing/scribbling the original price tag of the
company and thus tempering with the price ... price in excess of that
displayed on the package thereby changing/scribbling the original
price tag. However, inspite of that, the Complainant
more happy for the
chance of scribbling on a clean slate.”
and the Court finally concluded as follows:
“65. That
However, the '8' in â186â is shows
signs of scribbling and over-writing. The admission date in
the said document is shown
accepted by the AO in the remand report where it referred to
scribbling sentences in its report.
vi) There remains no doubt that the business
Asst Cit Cen Cir 8(2), Mumbai vs Katrina Rosemary Turcotte, Mumbai on 11 October
