THE ESTATE INVESTMENT COMPANY PRIVATE LIMITED ,MUMBAI vs. DCIT CENTRAL CIRCLE 8(1), MUMBAI
IN THE INCOME TAX APPELLATE TRIBUNAL, ‘J(SMC)’
BENCH MUMBAI
BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER
&
SHRI ARUN KHODPIA, ACCOUNTANT MEMBER
ITA No.
A.Y
3226/Mum/2025
2018-19
The Estate Investment
Company Pvt. Ltd.
4th Floor, 139, Seksaria
Chambers,
Nagindas
Master Road, Fort
Mumbai – 400 001
Vs. DCIT, CC-8(1), Mumbai
PAN/GIR No.AAACE2566J
(Appellant)
..
(Respondent)
Assessee by Shri Madhur Agrawal, Adv. &
Shri Pankaj Jain, CA
Revenue by Shri Ritesh Misra, CIT DR
Date of Hearing
19/08/2025
Date of Pronouncement
28/10/2025
आदेश / O R D E R
PER AMIT SHUKLA (J.M):
The present appeal emanates from the assessment and reassessment orders passed pursuant to search and survey operations conducted in the group cases of The Estate
Investment Company Pvt. Ltd. The appeal has been filed against separate order passed by ld. CIT(A)-50, Mumbai. This appeal arises against order of ld. CIT(A) dated 04/03/2025. The Estate Investment Company Pvt. Ltd.
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Decision
2. The controversy, in essence, centers upon additions made on the basis of certain diaries and loose papers found during the course of search, the evidentiary worth of the statements recorded under section 132(4), and the consequential additions under capital gains on alleged NOC receipts of the Act of Rs.59,05,000 confirmed by the CIT [A).
3. The facts of this case are ispo facto the same and identical with the facts in the batch of appeals nos. 3012
/Mum/2025,
3228/Mum/2025
,
3013/Mum/2025
,
3227/Mum/2025 , 3225/Mum/2025 , 3224/Mum/2025 ,
3223/Mum/2025 & 3222/Mum/2025decided by the ‘E’
Bench of the ITAT vide order dated 17/10/2025 relating to the assessee company and respectfully following the decision of coordinate bench which is based on exact same facts and material, this appeal of the assessee is allowed and the addition of Rs. 59,05,000 is deleted on merits and the assesses grounds on the legality of the Order is also allowed.
4.All the grounds of appeal filed by the assessee are allowed in full, No order as to costs.
Order pronounced on 28th October, 2025. (ARUN KHODPIA) (AMIT SHUKLA)
ACCOUNTANT MEMBER
JUDICIAL MEMBER
Mumbai; Dated 28/10/2025
KARUNA, sr.ps
The Estate Investment Company Pvt. Ltd.
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Copy of the Order forwarded to :
BY ORDER,
(Asstt.