HILL VIEW INFRASTRUCTURE (P) LTD. Vs. DEPUTY COMMISSIONER OF INCOME TAX
LAWS(IT)-2014-6-42
INCOME TAX APPELLATE TRIBUNAL
Decided on June 06,2014

Hill View Infrastructure (P) Ltd. Appellant
VERSUS
DEPUTY COMMISSIONER OF INCOME TAX Respondents

JUDGEMENT

Sushma Chowla, Member (J) - (1.) OUT of these bunch of cross -appeals, three appeals are filed by the assessee and the Revenue against the consolidated order of the OT(A), Chandigarh dt. 6th March, 2013 against the order passed under s. 153B(1)(b) r/w s. 143(3) of the I.T. Act relating to asst. yrs. 2007 -08 to 2009 -10. The Revenue is in appeal against the consolidated order of CIT(A) dt. 6th March, 2013 relating to asst. yr. 2010 -11 against the order passed under s. 153B(1)(b) r/w s. 143(3) of I.T. Act, 1961 (in short 'the Act'). Further, the Revenue has filed an appeal against the consolidated order of CIT(A) dt. 6th March, 2013 relating to asst. yrs. 2009 -10 and 2010 -11 against the order passed under s. 153B(1)(b) r/w s. 143(3) of I.T. Act, 1961 in the case of sister concern M/s. Hill View Promoters. All the appeals relating to same assessee were heard together and are being disposed of by this consolidated order for the sake of convenience. ITA No. 547/Chd/2013: Assessee's appeal
(2.) THE assessee has raised the following grounds of appeal: "1. That the learned CIT(A) has erred in law and facts in confirming the addition of Rs. 94,500 made by the AO on account of entries contained in the handwritten sheet marked A -1, p. 81 and discussed in para. 5 of the assessment order. This amount of Rs. 94,500 is a part of the rotating capital investment by Shri J.C. Bansal forming part of the declared amount of Rs. 30.70 lacs before the Hon'ble Settlement Commission. 2. That the learned CIT(A) has erred in law and facts in confirming the addition of Rs. 12,30,767 made by the AO on account of entries contained in the handwritten sheet marked A -1 pp. 78 and 82. This handwritten sheet showing account of one Shri Sajjan Jain did not belong to the assessee but belonged to the director Shri Mange Ram Goyal of M/s. Goyal Construction Co. (P) Ltd. and such noting related to petty cash payments made by the director to his workers at the site office. That the learned CIT(A) has erred in law and facts in confirming the addition of Rs. 5 lacs made by the AO as per para. 7 of the assessment order. This para deals with p. 57 of A -2; a handwritten sheet showing transactions in cheques and cash received from customers Charanjit Lal and Rahul Chabra. The entry of 5 lacs is a part of the total transaction entered into with them and entered into our regular books of accounts. Hence the addition of Rs. 5 lacs made as such is unwarranted and against the facts of the case.
(3.) THAT the appellant craves for permission to add, delete or amend the grounds of appeal before or at the time of hearing of appeal." 3. The ground No. 1 raised by the assessee is not pressed and the same is dismissed as not pressed. 4. The issue in ground No. 2 is against the addition of Rs. 12,30,767 made on account of entries contained in handwritten sheet found during the course of search.;


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