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Search Assessment Additions Deleted: ITAT Voids High-Pitched Estimates Without Evidence Reason

Case Law Details

TaxGuru Citation
2025 taxguru.in 9507
Case Name
Nasser Aziz Vs DCIT (ITAT Hyderabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2007-2008
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Nasser Aziz Vs DCIT (ITAT Hyderabad)

When Revenue Assumes & Not Proves, ITAT Removes – High-Pitched Additions Without Evidence?- ITAT Says Absolutely Not- Search Gave Jurisdiction, But Facts Gave Victory – ITAT Sides with Assessee on Merits

This case arose out of a search conducted on Assessee &  its group, leading to assessments under section 153A. The Assessing Officer made several additions alleging unexplained investments &  on-money payments based primarily on loose sheets &  statements of third parties. Assessee challenged these additions before  CIT(A) , who deleted most of them.  Revenue appealed to Tribunal. Assessee also filed cross-objections supporting  CIT(A) ’s order, citing absence of incriminating material, lack of evidence, violation of natural justice, &  incorrect legal approach by AO .

For AY 2007-08, the additions related to two land purchases in Bangalore- one situated at Muniswamiappa Road &  another at Horamavu. AO  alleged unexplained investment on the assumption that the property was purchased at a higher price than recorded.  CIT(A)  found that AO  relied entirely on conjecture, had no specific documentary evidence of any extra consideration, &  had neither confronted Assessee with any seized material nor provided any basis for the alleged higher value. The payments were made through banking channels &  duly recorded in the books.  CIT(A) , holding that AO’s addition was based on suspicion rather than evidence, deleted it. Tribunal agreed &  noted that no incriminating material relating to these alleged underpayments was found during search. It reaffirmed that for any addition, the burden is on the Revenue to prove with cogent material, not on mere presumptions. Consequently, the deletion for AY 2007-08 was upheld.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,844

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