RAJU MOHAN GURNANI,NAVI MUMBAI vs. DCIT CENTRAL CIRLE - 5(2), MUMBAI

ITA 2091/MUM/2021Status: DisposedITAT Mumbai31 July 2023AY 2015-1660 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the additions based on loose papers could not be sustained as there was no evidence to prove they belonged to the assessee, were in her handwriting, or were found in her possession. However, the addition for deemed rental income from house property was upheld.

What were the facts?

During a search in the case of the assessee's husband and daughters, loose papers containing cash transactions were found. The Assessing Officer (AO) made additions to the assessee's income based on these papers, alleging they were in her handwriting and found in her possession.

What were the issues?

Whether additions based on loose papers found during a search in a third party's premises are valid against the assessee, and whether deemed rental income from house property is taxable.

Which sections of the Income-tax Act were involved?

Section 153C,Section 143(3),Section 22,Section 23(4)(b)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(5)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, ‘D‘ BENCH

Before: SHRI AMIT SHUKLA & MS. PADMAVATHY S

For Appellant: Shri Pradip Kapasi, AR
For Respondent: Smt. Riddhi Mishra, CIT DR
Hearing: 04/05/2023Pronounced: 31/07/2023

PER AMIT SHUKLA (J.M): The aforesaid appeals have been filed by the assessee against separate impugned orders of even date, 26/10/2021 passed u/s.153C r.w.s. 143(3) for the A.Y.2014-15; and A.Y.2015-16 and u/s.143(3) for the A.Y.2016-17. 2. The issues involved in all the assessment years are identical arising out of similar facts and therefore, the same were heard together and are being disposed of by way of this consolidated order.

3.

In various grounds of appeal assessee has challenged following additions which was based on certain loose papers found in the course of search in the case of Shri Mohan Thakurda

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 153C

All 9,619 judgments and leading authorities on Section 153C →

Recent GST High Court judgments

Search GST case law →