Navneet Jhamb, New Delhi vs Acit, Faridabad on 25 June, 2018
INCOME TAX APPELLATE TRIBUNAL
trust could be brought about by merely having_an unsigned
document purportedly holding out that the trust was a family trust and
as long
Assessing Officer. No addition could be made by treating the unsigned, undated dumb
documents as A relating to current year. The addition made is requested ... addition can be made on the basis of
undated and unsigned documents seized during search.
• In view of the above position , addition made
rights of Rs.63,50,000/- each. This schedule is an unsigned document as
against the main balance sheet which contains a signature of Chartered ... existing and surprisingly there is a existence of unsigned Schedule E and F which were absent in the
earlier balance sheet.
3. We further note
Annexure 37
submitted that the seized documents were confronted on 09.03.2016 and these
documents were unsigned and contradictory as at page 37, the property ... mode of transfer of money, if any. Further, the seized documents are unsigned
and look like rough draft and photo copies. He accordingly submitted that
that it has analyzed "the subject
document carefully, recovered from search" suggesting
that the document was recovered during the search from ... document was unsigned, that
Mohini Sharma was not examined by the income tax
authorities and there was no corroboration of the unsigned
document
that the said agreement was never
acted upon inasmuch it was unsigned. The learned representative
emphasised this point even before us, and also submitted that ... assessee on
this aspect. It has also been pointed out that the document being relied
upon by the Assessing Officer is merely a fax copy
this case, the A.O. has noted that the unsigned document of profit and loss
account and balance sheet were filed which are not taken
Resolution passed could not be
ascertained as it was an unsigned document only bearing the
signature of Mr T.C. Gupta, counsel for the applicant
review is
permissible on the basis of the said unsigned, undated document,
flashed out in a Review Petition for the first time.
14. The reliance ... relied upon in the Review Petition, filed as an
undated unsigned document makes mockery of a genuine Review
Petition. The above judgment at para