CHANDERAKANTA H LALIA,NAVI MUMBAI vs. ITO, 28(1)(3), VASHI RAILWAY STATION

ORDER

PER OM PRAKASH KANT, AM

1. On the facts and in the circumstances of the case and in law the learned Additional / Joint Commissioner of Income Tax (Appeals) erred in confirming following additions made by the learned Assessing Officer:

Chanderakanta H Lalia 2  Addition of Rs.660500/ Addition of Rs.660500/- on account of unexplained cash on account of unexplained cash deposits in Bank account of the appellant by invoking deposits in Bank account of the appellant deposits in Bank account of the appellant provision of section 69A of the Act. provision of section 69A of the Act.  Addition of Rs.400000/ Addition of Rs.400000/- on account of unexplained cash on account of unexplained cash credit in Bank account of the appellant by invoking credit in Bank account of the appellant by invoking credit in Bank account of the appellant by invoking provision of section 69A of the Act. provision of section 69A of the Act.  Addition of Rs.36556/ Addition of Rs.36556/- on account of difference in interest on account of difference in interest received from Bank under the head 'Income from Other eived from Bank under the head 'Income from Other eived from Bank under the head 'Income from Other Sources'. Sources'.  Addition of Rs. 194596/ Addition of Rs. 194596/- on account of notional rent under on account of notional rent under the head 'Income from House Property.' the head 'Income from House Property.'  Provisions of the Act ought to have properly construed and Provisions of the Act ought to have properly construed and Provisions of the Act ought to have properly construed and regard being had to facts of the case a regard being had to facts of the case above additions bove additions should not have been confirmed. should not have been confirmed. 02 On the facts and in the circumstances of the case and in law 02 On the facts and in the circumstances of the case and in law 02 On the facts and in the circumstances of the case and in law the learned Additional / Joint Commissioner of Income Tax the learned Additional / Joint Commissioner of Income Tax the learned Additional / Joint Commissioner of Income Tax (Appeals) erred in confirming issuance of notice under section 148 (Appeals) erred in confirming issuance of notice under section 148 (Appeals) erred in confirming issuance of notice under section 148 of the Act and asses of the Act and assessment made under section 143(3) rws 147 of sment made under section 143(3) rws 147 of the Act which is without jurisdiction, contrary to the provisions of the Act which is without jurisdiction, contrary to the provisions of the Act which is without jurisdiction, contrary to the provisions of the Act and liable to be annulled. the Act and liable to be annulled.

3. The learned Additional / Joint Commissioner of Income tax 03. The learned Additional / Joint Commissioner of Income tax 03. The learned Additional / Joint Commissioner of Income tax (Appeals) erred in confirming order made under (Appeals) erred in confirming order made under section 143(3) of section 143(3) of the Act which is illegal, bad the Act which is illegal, bad-in- law, ultra virus, without law, ultra virus, without jurisdiction and without allowing reasonable opportunity of the jurisdiction and without allowing reasonable opportunity of the jurisdiction and without allowing reasonable opportunity of the hearing, without appreciating facts, submission and evidences in hearing, without appreciating facts, submission and evidences in hearing, without appreciating facts, submission and evidences in their proper perspective is liable to be annulled their proper perspective is liable to be annulled.

Chanderakanta H Lalia 3 ITA No. 5693/MUM/2024

Order pronounced in the open Court on nounced in the open Court on 14/08/2025. /08/2025.