Section 69 not applies to transactions recorded in Books

DCIT Vs KDP Infrastructure Pvt. Ltd. (ITAT Delhi)

In our understanding, it is common practice during search proceedings that the revenue seizes the books of account along with incriminating documents and even if the books of account are not seized, copies of the same are taken. In either situation, it would be impossible for the assessee to fabricate/fudge /doctor the entries in the books of account. Since the investment has been found duly recorded in the regular books of account, provisions of section 69 of the Act do not apply.

FULL TEXT OF THE ORDER OF ITAT DELHI

The above captioned appeals are cross appeals by the assessee and revenue, preferred against the order of the CIT(A), Kanpur pertaining to A.Ys2010–11, 2012–13, 2013–14 and 2015–16. This bunch of appeals pertain to same assessee and were heard together. Therefore, they are being disposed off by this common order for the sake of convenience and brevity.

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