Question And Answer
Subject: addition on the basis of Noting found at search premises of third person
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Querist: prakash
Answered by: Reply of the Expert is awaited;
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Date: January 10, 2024
Query asked by prakash

Assessee is an individual and has some financial transaction with the director of the company in which search action U/Sec. 132 was conducted . In the search a hard disk was found where the noting about the financial transactions were made for the F.Y 2018-19  . Some entries on the name of the assessee were  also found. on the noting name of the firm in which assessee is partner is mentioned. Assessee has denied any transaction in cash with the company and also asked the documents and statement of persons on the basis of which the AO  has drawn the inference that the assessee has carried out transaction in cash. The nature of business of the assessee and the said company as well as directors are not at all related . Assessee has no business transaction with the director  except few transactions in the year 2016-17, which are through normal banking channel and disclosed in the regular books of accounts. the AO has issued the SCN on the ground that there are financial transaction of the assessee in the regular books of accounts in the earlier year and therefor the as noting in the seized papers as to why an addition should not be made as unexplained investment in the hands of the assesee . Assessee has denied the trascation and submitted that presumption U/Sec.132(4A)  is not on the assesse and even though the there are financial transcation in the regular books of accounts of the assessee with the director of the co where the search is conduced in the earlier year , does not mean the noting made against name of the firm in which the assessee is a partner  addition can be made in the hands of assessee and also asked for the full information which is found as well as entire staement of all concern persons and opportunity of cross examination. whether this stand of the assessee is correct? is there any judicial support . pl guide

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