Question And Answer
Subject: Addition on the basis of noting found in search with customer
Category: 
Querist: Prakash
Answered by:
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Date: June 23, 2023
Query asked by Prakash

Assessee is pvt limited co engaged in business of manufacturing of engaged goods. Had supplied to a customer X . Search u/Sec. 132 carried out at X . During search digital in form of excel sheet was found n seized. On the basis of certain noting , CFO of X has agreed n given statement that X has pratice of recording 30% of material purchase from supplier in cash and not recorded in the books. On the basis of this admission CFo also stated that from assessee co X had effected transcation in cash of Rs. 3.5 Cr which is undisclosed.  Accordingly during the course of assessment proceedings of Assessee co , on the basis of statement n material extracted from digital data n statement of CFo, Ao issued SCN asking assessee co why addition of 3.5 cr should not be made in the hands of assessee co u/sec. 68 r.w.s. 115 BBE as unrecorded sales. Is action of AO justified

Pl guide ,

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Answer given by

The assessee should ask for copy of the statement recorded and also copy of excel sheet seized . The assessee should request for cross examination of the CFO. Merely on the basis of statement , addition cannot be made. Refer Krishna D. Pawar v. ITO ( Mum)( Trib) www.itatonline .org . ( ITA No. 151 /Mum/2022 dt . 25 -4 -2023)



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