DY CIT -CC-2(4), MUMBAI vs. M/S. H.K. ENTERPRISES, MUMBAI

ITA 733/MUM/2021Status: DisposedITAT Mumbai05 April 2022AY 2014-1513 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) did not adequately address the issue of incriminating material for the Section 153A assessment and also failed to cogently address the Assessing Officer's adverse observations regarding unsecured loans. Therefore, the matter was remitted back to the Assessing Officer for fresh examination.

What were the facts?

The assessee's settlement commission application was rejected, and a search action led to assessment under Section 153A. The Assessing Officer made additions based on unsecured loans and income offered before the Settlement Commission. The CIT(A) upheld the validity of the Section 153A assessment.

What were the issues?

The primary issues were the validity of the assessment under Section 153A without sufficient incriminating material and the proper examination of additions related to unsecured loans and settlement commission disclosures.

Which sections of the Income-tax Act were involved?

Section 153A,Section 245C,Section 245D,Section 133(6)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, “H” Bench, Mumbai

For Appellant: Shri Dharmesh Shah
For Respondent: Smt. Vatsala Jha
Hearing: 25.01.2022Pronounced: 05.04.2022

Heard together (10 matters)

I.T.A. No. 733/Mum/2021
I.T.A. No. 734/Mum/2021
I.T.A. No. 736/Mum/2021
I.T.A. No. 269/Mum/2021
I.T.A. No. 268/Mum/2021
I.T.A. No. 316/Mum/2021
I.T.A. No. 317/Mum/2021
I.T.A. No. 267/Mum/2021
I.T.A. No. 315/Mum/2021
I.T.A. No. 314/Mum/2021

Read from the judgment's own cause title. This page is filed under one of them.

Per Shamim Yahya (AM) :-

These are appeals by the assessee and Revenue arising out of respective orders of learned CIT(A).

2.

Since the issues are common and connect

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 153A

All 18,957 judgments and leading authorities on Section 153A →

Recent GST High Court judgments

Search GST case law →