DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 111, SURAT vs. MUKESH ARJANBHAI MANIYA, SURAT

ITA 105/SRT/2025Status: DisposedITAT Surat03 November 2025AY 2017-18Bench: SHRI DINESH MOHAN SINHA (Judicial Member), SHRI BIJAYANANDA PRUSETH (Accountant Member)1 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that income declared under the PMGKY scheme cannot be taxed again. It also found that the CIT(A) was justified in deleting the addition on unsecured loans after considering additional evidence, as no prejudice was caused to the revenue.

What were the facts?

During a survey, unaccounted cash sales and suppressed sales totaling Rs. 66,40,603/- were found. The assessee declared profit from these sales under the PMGKY scheme. The AO also added Rs. 27,00,000/- as unexplained unsecured loans.

What were the issues?

Whether the CIT(A) erred in deleting additions related to unaccounted sales and unsecured loans, and whether additional evidence was rightly admitted.

Which sections of the Income-tax Act were involved?

Section 68,Section 143(3),Section 147,Section 142(1),Section 144,Section 250(2)

AI-generated summary — verify with the full judgment below

Before: SHRI DINESH MOHAN SINHA & SHRI BIJAYANANDA PRUSETH

Hearing: 05/08/2025Pronounced: 03/11/2025

PER BIJAYANANDA PRUSETH, AM: This appeal by the revenue emanates from the order passed under section 250 of the Income-tax Act, 1961 (in short, 'the Act’) dated 06.12.2024 by the National Faceless Appeal Centre (NFAC), Delhi/Commissioner of Income-tax (Appeals) [in short, ‘the CIT(A)’] for the assessment year (AY) 2017-18, which in turn arises out of assessment order passed by the Assessing Officer (in short, ‘AO’) u/s 143(3) of the Act on 16.12.20

The order continues below.

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