ASHOK HANJAJI MALI,MUMBAI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE 4(2), MUMBAI, MUMBAI
What did the Tribunal hold?
The Tribunal held that the addition was unsustainable as the Revenue failed to provide direct incriminating material against the assessee and offer an opportunity for cross-examination. The assessee had also paid more than the stamp duty value for the property.
What were the facts?
During a search, incriminating documents related to cash payments for shop purchases were found. The Assessing Officer (AO) added the alleged cash component as income to the assessee, who denied making any such cash payments.
What were the issues?
Whether the addition of alleged cash payments made over and above the sale consideration is justified without corroborative evidence and opportunity for cross-examination.
Which sections of the Income-tax Act were involved?
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Cases cited in this judgment(7)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.
- Andaman Timber Industries v. CCE1,335 citing281 CTR 241 · 2015 · SC
- CIT v. Odeon Builders Pvt. ltd.408 citing418 ITR 315 · 2019 · SC
- Smt Dayawanti v. CIT131 citing75 Taxmann.com 308 · 2016 · HC
- H.R. Mehta v. Assistant Commissioner of Income-tax, Mumbai125 citing72 Taxmann.com 110 · 2016 · HC
- Deputy Commissioner of Income Tax v. Dhiren Shah13 citing180 Taxmann.com 370 · 2025
- ACIT v. Vetrivel Minerals (VV Minerals)5 citing174 Taxmann.com 110 · 2025 · HC
- DCIT v. Gopal Bhupendra Chudasama4 citing181 Taxmann.com 908 · 2025
Income Tax Appellate Tribunal, “A” BENCH MUMBAI
Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI JAGADISH
PER BENCH: These appeals ha
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