ACIT, CENTRAL CIRCLE-2(3), HYDERABAD vs. SHANKAR CONSTRUCTIONS AND DEVELOPERS, KURNOOL
What did the Tribunal hold?
The Tribunal held that for assessment years where the assessee itself admitted additional income, the additions sustained by the CIT(A) were upheld. However, for assessment year 2021-22, where no additional income was admitted by the assessee, the additions sustained by the CIT(A) were deleted as there was no basis for the AO's estimation.
What were the facts?
The Revenue appealed against the deletion of additions made on account of undisclosed turnover/suppressed turnover by the CIT(A). The assessees had accepted some part of the sale consideration in cash, which was not recorded in their books of account. A search and seizure operation revealed incriminating documents and statements corroborating these cash transactions.
What were the issues?
Whether additions on account of suppressed turnover and on-money payments are justified based on seized material and statements. The validity of estimating profit on undisclosed turnover when the assessee has admitted to accepting cash payments.
Which sections of the Income-tax Act were involved?
Section 132,Section 143(2),Section 142(1),Section 131(1A),Section 153A/153C
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आयकर अपीलीय न्यायाधिकरण में, हैदराबाद “ए” बेंच, हैदराबाद IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad “A” Bench, Hyderabad श्री विजय पाल राि, माननीय उपाध्यक्ष एिं श्री मंजूनाथ जी, माननीय लेखा सदस्य SHRI VIJAY PAL RAO, HON’BLE VICE PRESIDENT AND SHRI MANJUNATHA G, HON’BLE ACCOUNTANT MEMBER
Sl. No. I.T.A.No./ Name of Appellant Name of Respondent C.O.No. A.Y. 1 ITA 2377/Hyd/2025 ACIT, Central Circle – Shri Siva Sai Green Hills, 2019-20 2(3), Hyderabad Kurnool. PAN: ABUFS5895G 2 ITA 2378/Hyd/2025 ACIT, Central Circle – Shri Siva Sai Green Hills, 2021-22 2(3), Hyderabad Kurnool. PAN: ABUFS5895G 3 ITA 2379/Hyd/2025 ACIT, Central Circle – Shankar Constructions, 2019-20 2(3), Hyderabad Kurnool. PAN: ADNFS8720R 4 ITA 2380/Hyd/2025 ACIT, Central Circle – Shankar Constructions and 2019-20 2(3), Hyderabad Developers, Kurnool. PAN: ADDFS2735C 5 ITA 2381/Hyd/2025 ACIT, Central Circle – Shankar Constructions and 2020-21 2(3), Hyderabad Developers, Kurnool. PAN: ADDFS2735C 6 ITA 2382/Hyd/2025 ACIT, Central Circle – Shankar Constructions and 2021-22 2(3), Hyderabad Developers, Kurnool. PAN: ADDFS2735C 7 ITA 2383/Hyd/2025 ACIT, Central Circle – Shankar Constructions, 2022-23 2(3), Hyderabad Kurn
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