KANCHAN LALWANI,VIZIANAGARAM vs. INCOME TAX OFFICER, WARD-1, VIZIANAGARAM
What did the Tribunal hold?
The Tribunal held that the addition under Section 56(2)(x)(B) was made without affording proper opportunity to the assessee and contrary to the show cause notice, violating the principles of natural justice. It also found that the assessee provided a valuer's report supporting a lower property value, which the AO should have considered.
What were the facts?
The assessee's case was selected for scrutiny due to large cash deposits and property transactions. The Assessing Officer made additions for unexplained cash credits and the difference between sale consideration and property value. The CIT(A) sustained these additions.
What were the issues?
Whether additions made under Section 56(2)(x)(B) were valid without proper opportunity and consideration of assessee's evidence, and whether Section 68 was correctly invoked for cash deposits.
Which sections of the Income-tax Act were involved?
Section 143(3),Section 144B,Section 68,Section 115BBE,Section 56(2)(x)(b)(B),Section 56(2)(vii)(b)(ii)
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Cases cited in this judgment(2)Show listHide 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.
- CIT v. Bhaichand H. Gandhi237 citing141 ITR 67 · 1983 · HC
- CIT v. Bhaichand N. Gandhi38 citing164 ITD 296 · 2017 · ITAT
Income Tax Appellate Tribunal, Visakhapatnam Bench
आदेशकी प्रनतनलनप अग्रेनर्त/ Copy of the order forwarded to:-
1. 1. निर्धाररती/The Assessee : Kanchan Lalwani, 22-1-22, PHHO Baugh Road, Ambati Satram Junction, Khadarnagar, Vizianagaram – 535002. 2. रधजस्व/ The Revenue : The Income Tax Officer, Ward-1, Vizianagaram.
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