SHAKIR HUSSAIN QURESHI,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 8(2) MUMBAI , MUMBAI

ITA 4187/MUM/2026Status: DisposedITAT Mumbai23 July 2026AY 2022-237 pages
AI SummaryRemanded

What were the facts?

The Assessing Officer (AO) noticed that the assessee had not disclosed income from a house property. Based on online information, the AO estimated a high monthly rent and made an addition to the assessee's income. The assessee provided rent agreements and claimed the property was vacant despite efforts to let it out.

What did the Tribunal hold?

The Tribunal noted that crucial evidence, including a broker's letter and details of rental efforts, was not presented to the lower authorities. Therefore, the case was remanded to the AO for fresh adjudication to allow the assessee to substantiate its claims.

What were the issues?

Whether the AO was justified in determining the annual lettable value of the property based on external information when the assessee claimed it was vacant and efforts were made to let it out. The admissibility and verification of evidence not produced before lower authorities.

Which sections of the Income-tax Act were involved?

Section 23(1)(a)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “J (SMC

Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI MAKARAND VASANT MAHADEOKAR

For Appellant: Shri Bhavik Chheda, Adv
For Respondent: Shri Saurabh Deshpande, CIT D.R, Ms. Jayshree Thakur
Hearing: 16.07.2026Pronounced: 23.07.2026

Per : Narender Kumar Choudhry, Judicial Member:

1.

This appeal has been preferred by the Assessee against the order dated 24.02.2026, impugned herein, passed by the Ld. Commissioner of Income-tax (Appeals)-48, Mumbai [in short, the “Ld. Commissioner”], under section 250 of the Income-tax Act, 1961 [in short, the “Act”], for A.Y. 2022-23. 2 Shakir Hussain Qureshi

2.

In the instant case, during the course of search proceedings conducted by the DDIT, Investigation Unit-2(3), Mumbai, on 04.01.2023 in the case of M/s A.L. Qureshi Expo

The order continues below.

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