MUKESH GUPTA,MUMBAI vs. ASSTT CIT-CENTRAL CIRCLE-1, THANE, THANE

ITA 886/MUM/2022Status: DisposedITAT Mumbai28 November 2022AY 2008-0914 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the assessee, being a mere employee with meager salary, could not have made the unexplained payments. Therefore, such additions should be made in the hands of the employer, Mr. PAK, unless the Assessing Officer can establish a direct link to the assessee.

What were the facts?

During a search, a large sum of cash was found at the assessee's residence. The assessee, an employee of M/s. Unique Finance, claimed the cash was given by his employer, Mr. PAK. Further searches at the business premises also revealed cash and documents.

What were the issues?

Whether unexplained cash found and payments made by an employee should be added in the hands of the employee or the employer. The validity of additions made based on seized documents and special audit reports.

Which sections of the Income-tax Act were involved?

Section 132,Section 142(2A),Section 153A,Section 142(1),Section 143(2),Section 16(1),Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “E”, MUMBAI

Before: SHRI KULDIP SINGH, HONBLE & SHRI S. RIFAUR RAHMAN, HONBLE

For Respondent: Shri Yeshwant Kumar Bhaskar
Hearing: 21.11.2022Pronounced: 28.11.2022

PER S. RIFAUR RAHMAN (AM)

1.

These appeals are filed by the assessee against common order of the Learned Commissioner of Income Tax (Appeals), Pune-11, [hereinafter in short “Ld.CIT(A)”] dated 23.02.2022 for the A.Ys.2005-06, 2006-07, 2007-08 and 2008-09, passed u/s. 250 of Income-tax Act, 1961 (in short “Act”).

2.

Since the issues raised in all the appeals are identical, therefore, for the sake of convenience, these appeals are clubbed, heard and disposed off by this consolidated order. We are taking Appeal in ITA.No.883/MUM/2022 for Assessment Year 2005-06 as a lead case.

3.

Brief facts of the case are, during the course of ac

The order continues below.

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