Assessee is lady who purchase a shop from the developer. During the search action with the developer certain loose papers found which include receipt of cash payment signed by husband of the assesee. Which states that amount is paid against purchase of of some flat and number of flat is also mentioned . Assessee submitted that said flat is not purchased by the assessee and also submitted the evidence in support of the same by producing the index II which shows that the said unit is purchase by other person. AO has issued show cause to tax said amount in the hands of assessee on the ground of these seized papers and statement of develoer given at the time search u\/Sec 132(4) and his stand at His application before ITSC and order of ITSC. Assessee has asked for cross examination of Deveeloper, who do not come for the same. Can assesee take stand :<\/p>\n
1. on seized paper his name is not mentioned though the name of husband is mentioned . This paper is dumb paper so far assessee is concern as it does not name of assessee<\/p>\n
2. assessee has not purchased the unit which is mentioned in seized papers<\/p>\n
3. since developer has not came for cross examination, his statement should not relied up on<\/p>\n
4. His stand taken before ITSC and order of ITSC is not binding at the assesseement of assessee<\/p>\n
please guide .<\/p>\n
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