assessee that the pertinent notings on the seized material were
merely scribbling or purchase related, has been properly rebutted in the
assessment order, before reaching ... undisclosed
income by Assessing Officer on the basis of some scribbling I rough noting on
Page Nos. 1 to 9 of documents marked Annexure
Services in respect of Sky Garden, Oberoi property and as per the
scribbling on the back side, it is evident that along with ... addition is based upon the loose papers seized
in which there was scribbling found for the cash component of the rent receipt.
In the assessment
been able to conclusively establish nexus of
undisclosed income with scribbled amounts on loose sheets of
seized papers.
6) It is in the above background ... made the addition by taking up
the figures of 80 lakhs scribbled on the loose sheet of paper
and treated the same as undisclosed investment
Ito 20(2)(3), Mumbai vs Karan R. Shah, Mumbai on 4 October, 2018
IN
appellant submitted the following:
"I informed search/survey officer that scribbling in diary of
my wife Smt. Sharda Taneja.
1. Dumb documents ... contemplating to buy
or construct and I may require funds.
4. Name scribbled or amount was my imagination.
5. I made while enquiries
description/details of the involved
properties relating to the rough jottings/scribbling noted therein. It was
explained that all these related to the transactions ... brokerage income which was to be considered. The nature of the
jottings/scribblings in A-l/4/43 were explained to be almost similar
assessee submitted that the AO
confronted the assessee, to explain the jottings/scribblings on the loose
papers found during search. In response, it was submitted ... categorical
terms that the same were only rough jottings/scribblings, representing
unmaterialised proposals and they neither proved the incomings or
outgoings. In any event
show cause notice on the basis of vague, incomplete and
rough jottings scribbled on some loose slips which were found
from the residential premises ... submitted that the said
allegations were based on some rough vague informations
scribbled on papers which were found at the residential
premises of one worker
found during the course of
search. The entire assessment order revolves
around scribbling in loose sheets of papers seized
from premises of another person ... fact that the said
rough loose sheets of papers scribbled by some
anonymous person and seized in course of search
of another person cannot
further submitted that the evidence of RW2 would show that the scribblings of the respondent have no basis in reality and they are expressions ... from schizophrenia.
27. Learned counsel for the petitioner relying upon the writings/scribblings of the respondent's diary contended that she herself has stated
