DCIT-4(1), INDORE, INDORE vs. TEXMO PIPES AND PRODUCTS LIMITED, BURHANPUR

ITA 423/IND/2025Status: DisposedITAT Indore08 September 2026AY 2016-1770 pages
AI SummaryPartly Allowed

What were the facts?

The Income Tax Appellate Tribunal (ITAT) heard appeals concerning assessment years 2010-11 to 2016-17, arising from search and seizure operations. The assessee had surrendered a significant amount during the search, which they later sought to retract. The Assessing Officer (AO) made additions based on this surrender, and the Commissioner of Income-tax (Appeals) [CIT(A)] deleted most of these additions, sustaining only a portion.

What did the Tribunal hold?

The Tribunal found that the assessee failed to discharge its onus to prove that the balance sum for investment in Mangal Murti Minerals was not paid. Therefore, this specific issue was restored to the AO for fresh adjudication. The Revenue's appeal was dismissed, and the assessee's appeal was partly allowed for statistical purposes.

What were the issues?

Whether the assessee discharged its onus regarding unexplained investment in a partnership firm, and whether the CIT(A) erred in deleting additions made by the AO based on a retracted surrender.

Which sections of the Income-tax Act were involved?

Section 132,Section 143(3),Section 153A,Section 250,Section 35D,Section 14A

AI-generated summary — verify with the full judgment below

आयकर अपीलीय अिधकरण, इंदौर "यायपीठ, इंदौर In The Income Tax Appellate Tribunal, Indore Bench, Indore Before Dr. Arjun Lal Saini, Accountant Member And Shri Paresh M. Joshi, Judicial Member आयकरअपीलसं./IT(SS)A Nos.2, 1, 9, 10, 11, 12, 13/IND/2025 [ "नधा"रणवष"/Assessment Years: 2010-11 to 2016-17 ] Texmo Pipes And Products Limited, Deputy Commissioner of 98, Bahadarpur Road, Vs.

Income Tax, Central-1, Burhanpur, Aaykar Bhawan, Opp. White Madhya Pradesh-450331. Church, Indore, Madhya Pradesh-452001 "थायीलेखासं./जीआइआरसं./PAN/GIR No.: AACCT9780D (अपीलाथ"/Appellant) (""यथ"/Respondent)

And आयकरअपीलसं./ITA No. 423/IND/2025 [ "नधा"रणवष"/Assessment Year: 2016-17 ] Deputy Commissioner of Texmo Pipes And Products Income Tax-4(1), Vs.

Limited, Aaykar Bhawan, Opp. White 98, Bahadarpur Road, Burhanpur, Church, Indore, Madhya Madhya Pradesh-450331. Pradesh – 452001. "थायीलेखासं./जीआइआरसं./PAN/GIR No.: AACCT9780D (अपीलाथ"/Appellant) (""यथ"/Respondent)

Appellant by : Shri Anil Kamal Garg with Shri Aayush Garg, CA Respondent by : Shri Anup Singh, CIT. DR Date of Hearing : 29/06/2026 Date of Pronouncement : 08/09/2026 :ORDER: Per, Bench: Captioned seven appeals filed by the assessee, and one cross-a

The order continues below.

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