BHAGWATI SURESH MODI,PALANPUR vs. ITO, INT TAX WARD-3(2)(1), MUMBAI
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Income Tax Appellate Tribunal, “I” BENCH, MUMBAI
Before: SHRI PRASHANT MAHARISHI, AM & SHRI RAHUL CHAUDHARY, JM
PER PRASHANT MAHARISHI, AM:
These are fourteen appeals filed by the assessee from A.Ys. 2008-09 to 2017-18 with respect to similar issue. Therefore, all these appeals are argued by the learned Authorized Representative on similar lines and the learned Departmental Representative also responded identically and therefore, these appeals are disposed off by the common order.
Brief facts of the case shows that assessee is an individual who has not filed her return of income for A.Y. 2008-09.
Search took place under Section 132 of the Income-tax Act, 1961 (the Act) on 6th March, 2018 in case of Satyam, Sangani, Shaligram group of companies. During search
In this case, the satisfaction of the learned Assessing Officer i.e. Joint Commissioner of Income Tax, Central Circle, 2(2), Ahmadabad, being the Assessing Officer of the searched person was recorded on 18th February, 2021 and satisfaction of the learned Assessing Officer of the assessee was recorded on 31st March, 2021 for all these years.
Assessee submitted that she is a senior citizen and the matter is too old but she denied that she paid any sum in cash. She also requested for further additional evidences. 011. The learned Assessing Officer made the addition of ₹1,11,00,000/- as unexplained cash credit under Section 69 of the Income-tax Act, 1961 (the Act). As assessee having house property income and also the income from other sources, the draft order under Section 143(3) read with section 144C of the Act was passed on 30th September , 2021.
Accordingly, following ITA numbers are allowed as the orders of the lower authorities are barred by limitation.
ITA No. A.Y. 3070/Mum/2022 2008-09 742/Mum/2023 2008-09 3071/Mum/2022 2009-10 743/Mum/2023 2009-10 744/Mum/2023 2010-11 3053/Mum/2022 2010-11 022. Accordingly, all these six appeals are dismissed.
Further, as per information the assessee has made payment in cash as under:-
F.Y. A.Y. Amount paid 1.04.07 to 31.03.2008 2008-09 1,11,00,000 1.04.2008 to 31.03.2009 2009-10 50,00,000 1.04.2009 to 31.10.2010 2010-11 Nil 1.04.2010 to 31.03.2011 2011-12 3,57,500 1.04.2011 to 31.03.2012 2012-13 Nil 1.04.2012 to 31.03.2013 2013-14 Nil 1.04.2013 to 31.03.2014 2014-15 Nil 1.04.2014 to 31.03.2015 2015-16 Nil 1.04.2015 to 31.03.2016 2016-17 Nil 1.04.2016 to 31.03.2017 2017-18 Nil 024. As we have already held that assessment years prior to A.Y. 2011-12 are beyond the scope of provisions of section 153C of the Act and further in subsequent years the aggregate amount of undisclosed income does not exceed ₹ 50 lacs, therefore, the Assessing Officer loses his
Accordingly, all other eight appeals filed by the assessee are allowed.
In the result, all fourteen appeals filed by the assessee are allowed.
Order pronounced in the open court on 28.04.2023.
Sd/- Sd/- (RAHUL CHAUDHARY) (PRASHANT MAHARISHI) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) Mumbai, Dated: 28.04. 2023 Sudip Sarkar, Sr.PS Copy of the Order forwarded to: 1. The Appellant 2. The Respondent 3. CIT DR, ITAT, Mumbai 4. 5. Guard file. BY ORDER, True Copy//
Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Mumbai
