The Commissioner Of Income Tax-22 v. Mahendra M. Chorida

IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL NO.2472 OF 2009 The Commissioner of Income Tax-22..Appellant.Vs.Mahendra M. Chorida..Respondent..... Mr. Suresh Kumar for the Appellant.Dr. K. Shivram with Mr. Ajay Singh and Mr. Sujeeth Karked i/b KSA Legal for the Respondent. .... CORAM : DR. D.Y.CHANDRACHUD &J.P. DEVADHAR, JJ. 8[th] January, 2010. P.C.: The dispute in the present case pertains to an addition made by the assessing officer of an amount of Rs.21,12,326/- in the course of a block assessment. The CIT (A), according to the Tribunal, had rightly deleted the aforesaid addition since an addition could not be made in the hands of the assessee on the basis of documents found in premises belonging to somebody else. The Tribunal noted that the addition made by the assessing officer on the basis of documents seized during the course of the search in premises belonging to some one else and unsubstantiated by confirmation by any other party could not be added as income in the hands of the assessee merely because some other party had accepted the undisclosed transactions of M/s. Ranka Jewellers. This is a pure finding of fact. No substantial question of law arises. The Appeal is accordingly dismissed. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.)