DIVYANG DIPAKKUMAR VYAS,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(4), AHMEDABAD

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ITA 1177/AHD/2025Status: DisposedITAT Ahmedabad23 September 2025AY 2021-22Bench: DR. B.R.R. KUMAR, VICE-PRESIDENT SHRI SIDDHARTHA NAUTIYAL (Judicial Member)5 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal observed that the addition was based solely on estimated brokerage income from seized loose papers without any independent corroborative evidence of transactions or parties. Relying on a previous decision of the Coordinate Bench in a similar case (Shri Pravin Bavadiya), where identical additions were deleted, the Tribunal held that the addition in the present case is also liable to be deleted.

What were the facts?

The assessee, Divyang Dipakkumar Vyas, filed appeals against additions made to his income for Assessment Years 2019-20 to 2022-23. Following a search operation under Section 132 and subsequent notice under Section 148, the Assessing Officer made an addition of Rs. 20,30,000/- for AY 2019-20, representing the assessee's 20% share in alleged unaccounted brokerage income, based on seized loose papers without corroborative evidence.

What were the issues?

Whether the addition of estimated unaccounted brokerage income, made solely on the basis of seized loose papers without corroborative evidence, is legally sustainable.

Which sections of the Income-tax Act were involved?

Section 139(1),Section 132,Section 148,Section 143(2),Section 142(1),Section 143(3),Section 147,Section 250,Section 69A,Section 115BBE

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD

Before: DR. B.R.R. KUMAR, VICE-SHRI SIDDHARTHA NAUTIYAL

For Appellant: Shri Vartik Chokshi, AR
For Respondent: Shri C. Dharani Nath, Sr Dr
Hearing: 17.09.2025Pronounced: 23.09.2025

आदेश क� आदेश क� ��त�ल�प ��त�ल�प अ�े�षत अ�े�षत अ�े�षत/Copy of the Order forwarded to : अ�े�षत आदेश आदेश क� क� ��त�ल�प ��त�ल�प 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त(अपील) / The CIT(A)- 5. �वभागीय ��त�न�ध, आयकर अपील$य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड) फाईल / Guard file.

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