MGV Jain Jewellers Pvt. Ltd. v. ITO (2022) 94 ITR 191 (Delhi) (Trib.)

S. 153A : Assessment-Search or requisition-Addition made to the income of the assessee based on the documents viz. ‘loose sheets’ and ‘scraps of paper’ seized during a search conducted on a third party-Inadmissible evidence-Addition is not valid. [S. 132]

Additions were made to the income of the assessee on the basis of certain documents seized during search on the premises of a third party where the name of the Assessee was mentioned in such seized documents. The AR submitted that the documents bore no signature of  the  assessee and that the documents were not account of the  assessee in the books of accounts of the third party but only some rough tabulation of notings, therefore such unauthentic ‘computerized  prints have no evidence value and therefore the addition should be deleted. The department did not contradict that there is no copy of the account of the assessee in regular books of accounts of the third party. Therefore, the ITAT followed the decision of Common Cause and Others Vs. Union of India 394 ITR 220 wherein it has been held that ‘loose sheet’ and some other stray material could not be considered as admissible evidence against the third party. (AY. 2012-13)