MANOJ RAJARAM SHARMA,THANE vs. COMMISSIONER OF INCOME-TAX, MUMBAI

ITA 8313/MUM/2025Status: DisposedITAT Mumbai20 March 2026AY 2020-2021Bench: SHRI PAWAN SINGH (Judicial Member), SHRI MAKARAND VASANT MAHADEOKAR (Accountant Member)1 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the assessee was eligible for Section 44AD and that the Assessing Officer's application of the 50% rate under Section 44ADA was erroneous. The income declared by the assessee, being higher than the presumptive threshold under Section 44AD, was accepted.

What were the facts?

The assessee, a Business Correspondent, declared income under Section 44AD. The Assessing Officer, finding large credits in the assessee's bank account, initially proposed to estimate income at 8% of total credits but later applied a 50% rate based on Section 44ADA, leading to an addition.

What were the issues?

Whether the Assessing Officer erred in applying the presumptive income rate under Section 44ADA to a business eligible for Section 44AD, and whether the assessee's declared income under Section 44AD was acceptable.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 144B,Section 139(1),Section 142(1),Section 148,Section 44AD,Section 44ADA,Section 250,Section 270A,Section 272A(1)(d),Section 234A,Section 234B,Section 234D

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “K(SMC

For Appellant: Shri Suryadev Yadav, Shri Karan, Shri Prashant Gupta, Ld. ARs
For Respondent: Shri Bhagirath Ramawat, Ld. DR
Hearing: 17.03.2026Pronounced: 20.03.2026

PER MAKARAND VASANT MAHADEOKAR, AM: This appeal is filed by the assessee against the order passed by the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, dated 17.10.2025, passed under section 250 of the Income-tax Act, 1961 for the Assessment Year 2020–21, arising out of the assessment order

2 Manoj Rajaram Sharma passed by the Assessing Officer under section 147 read with sections 144 and 144B of the Act dated 20.02.2025. Facts of the Case

2.

The assessee is an individual and resident of India. The assessee filed

The order continues below.

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