LAXMAN BHIMASHANKAR SHAHAPURE,PUNE vs. ITO WARD 8(3), PUNE, PUNE

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ITA 411/PUN/2026Status: DisposedITAT Pune22 May 2026AY 2019-203 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found that the impounded documents and related excel sheets did not contain any mention of cash payments by the assessee. Therefore, the addition made by the AO was baseless.

What were the facts?

The assessee purchased a flat and the AO alleged cash payment of Rs. 18,50,554/- based on impounded documents from another entity. The assessee denied making any cash payments.

What were the issues?

Whether the addition made by the AO on account of alleged cash payment is sustainable when the supporting documents do not evidence any cash transaction.

Which sections of the Income-tax Act were involved?

Section 147,Section 148A,Section 144B,Section 250

AI-generated summary — verify with the full judgment below

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

Before: MS. ASTHA CHANDRA & SHRI Dr. DIPAK P. RIPOTE

For Appellant: Shri (Adv)Tanzil Padvekar
For Respondent: Shri Vishnu Haribabu Auti

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 2019-20 on 05-12-2025, emanating from the Assessment Order u/s 147 r.w.s. 144B of the Act, dated 28-03-2024. 2. Submission of Ld.AR: The Ld.AR filed a paper book. Ld.AR submitted that the assessee had purchased a Flat No. 702 in the building called ‘Bhoomi Allium’. The AO issued notice u/s. 148A(b) of the Act for AY. 2019-20 on 16-03-2023 based on information available on Insight Portal of the Income Tax Department. It was alleged in the notice that assessee had made cash payment of Rs. 18,50,554/- to Swadik Trade Pvt. Ltd., (STPL). Ld.AR submitted that elaborate reply was filed during the proceedings and assessee has never made any cash payments. Assessee submitted before the AO in response to section 148A(b) of the Act that the impugned documents nowhere mention any cash payments by the assessee. Ld.AR

ITA No. 411/PUN/2026

further submitted that the DDIT, Inv. himself in the letter dt. 03-03-2021 addressed to ITO admitted that the impounded document does not contain any details regarding the dates of cash paid by Shapure to STPL. Ld.AR, therefore, submitted that the entire addition is baseless and needs to be deleted. Ld.AR relied on the case law, filed in the paper book. 3. Submission of Ld.DR: The Ld.DR relied on the order of the AO as well as the Ld.CIT(A).

4.

Findings and analysis: We have heard both the parties and perused the records. In this case, notice u/s. 148A(b) of the Act was issued on 02-03-2023 alleging that during the course of survey, in the case of Swadik Trade Pvt. Ltd., certain documents were impounded which showed cash payment of Rs. 18,50,554/- by assessee to STPL for purchase of Flat No. 702 in ‘Bhoomi Allium’. Assessee has denied any cash payment. It observed that page No. 8 and 9 is the copy of letter written by ADIT, Inv., Nashik to ITO, Ward-9(4), Pune sharing information regarding the assessee. In the said letter, it has been specifically mentioned as under: Quote“Though the impounded pages (bundle #3) does not contain any details regarding dates of cash received from shri Laxman Bhiashankar Sahapure by STPL however the excel sheet was prepared in FY. 2019-20.”Unquote Thus, ADIT himself had admitted that the impounded bundle does not specify dates on which cash was allegedly paid by the assessee. We have perused the excel sheets which was enclosed with the said letter and it is observed that nowhere the word ‘cash’ appears. Therefore, the allegation that assessee has paid cash is baseless and based on surmises and presumptions. In these facts and circumstances, we direct the AO to delete the addition. Accordingly, the appeal of the assessee is allowed. Order pronounced in the open Court on 22nd May, 2026 Sd/- Sd/- (MS. ASTHA CHANDRA) (Dr. DIPAK P. RIPOTE) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे/Pune; दिन ांक/Dated : 22-05-2026 TNMM

ITA No. 411/PUN/2026

आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: अपील र्थी / The Appellant 1. प्रत्यर्थी / The Respondent 2. 3. The concerned Pr.CIT, Pune 4. DR, ITAT, ‘SMC’ Bench, Pune 5. ग र्ड फ ईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Assistant Registrar आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune

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