KALAVATI MAHENDRA JAIN,PALI vs. ITO, WARD 4, PANVEL, PANVEL

ITA 2990/PUN/2026Status: DisposedITAT Pune21 September 2026AY 2022-237 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the addition was based on documents from a search in a different group's case, which did not directly implicate the assessee. The Tribunal found no documentary evidence to support the claim of cash receipt by the assessee and noted that the purchaser's affidavit denying cash payments was not rebutted.

What were the facts?

The assessee sold a plot of land and declared capital gains. The Assessing Officer (AO) made an addition of Rs. 14,46,682/- as unexplained cash credit, alleging on-money received in cash based on documents seized during a search in another group's case. The assessee denied receiving any cash and provided supporting documents, including an affidavit from the purchaser.

What were the issues?

Whether the addition of unexplained cash credit is sustainable when it is based on documents from a third-party search and the assessee has provided evidence to the contrary, including an affidavit from the purchaser.

Which sections of the Income-tax Act were involved?

Section 68,Section 115BBE

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE

Before: SHRI Dr. DIPAK P. RIPOTE & SHRI VINAY BHAMORE

For Appellant: Shri Subodh Ratnaparkhi
For Respondent: Shri Prashant Barate

PER Dr. DIPAK P. RIPOTE, A.M : This is an appeal filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals), NFAC, Delhi [Ld.CIT(A)], passed u/s. 250 of the Income Tax Act, 1961 (‘the Act’) for AY 2022-23 on 15/04/2026, emanating from the Assessment Order u/s 143(3) r.w.s. 144B of the Act, dated 18/03/2024. 2. Grounds of Appeal raised by the Assessee are as under : “On the facts and in law,

1.

The Hon CIT(A) erred in upholding the addition of Rs.14,46,682/- as unexplained cash credit u/s 68 r.w.s. 115BBE of the Act, holding the said amount to be on- money received by the appellant in cash from sale of her share in lands at village Mauje Kiwale, Tal. Haveli Dist. Pune, not appre

The order continues below.

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