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On the facts and circumstances of the case and in law, learned Commissioner of Income Tax, appeal-40, Mumbai erred in confirming part addition of Rs. 1,88,04,000/- to the total income of the appellant as unexplained expenditure/investment in capital assets on the grounds that there appears to be no direct correlation of the expenditure vis-à-vis seized records. The addition is bad in law and the same needs to be cancelled.

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Section 132 read with section 69 of the Income Tax Act, 1961 — Search and Seizure — Contents of a seized document are to be  read in toto and it is not permissible on part of an AO to dissect same and therein summarily accept same in part and reject other part. The AO adopted a self suiting approach and had accepted part of the contents of the seized documents to the extent the same revealed that the assessee had made investment towards construction/furnishing of the hotel building, however, he had whimsically declined to take cognizance of the fact that the said investment as per the seized document was sourced from the cash that was received back by the assessee against the payment made towards bogus purchases and the aforesaid self suiting and half hearted approach adopted by the AO does not merit acceptance. section 292C clearly envisages a presumption that where any books of account or other documents are found in possession or control of any person in the course of a search conducted under section 132 it may in any proceeding under this Act, be presumed,  that the contents of such books of account and other documents are true — Deputy Commissioner of income tax vs. Kanakia Hospitality P. Ltd. [2019] 179 ITD 1(Mumbai-trib)

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