DEEPAK KAKUBHAI MEHTA,MUMBAI vs. DCIT, CENTRAL CIRCLE 4(1), MUMBAI

ITA 6508/MUM/2025Status: DisposedITAT Mumbai06 January 2026AY 2015-16Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that additions under Section 69 and 56 were unsustainable as they were based on statements retracted by the assessee and lacked incriminating material found during the search. The addition for unexplained jewellery under Section 69A was also deleted as the assessee provided satisfactory explanations and evidence.

What were the facts?

The assessee was subjected to a search and seizure action, leading to additions primarily on account of alleged cash loans treated as unexplained investment and notional interest. An addition was also made for unexplained jewellery in one assessment year.

What were the issues?

Whether additions made under Section 153A are valid without incriminating material found during the search on the assessee, and whether retracted statements and third-party material can form the basis of such additions.

Which sections of the Income-tax Act were involved?

Section 132,Section 133A,Section 153A,Section 143(3),Section 69,Section 56,Section 69A,Section 153C,Section 153D

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Income Tax Appellate Tribunal, ‘D’ BENCH

Before: SHRI AMIT SHUKLA & SHRI ARUN KHODPIA

For Appellant: Shri Vinod Kumar Bindal, Shri Satish Kumar (physically present)
For Respondent: Shri Umashankar Prasad
Hearing: 16/12/2025Pronounced: 06/01/2026

PER AMIT SHUKLA (J.M):

These appeals, being ITA Nos. 6505 to 6511/Mum/2025, have been preferred by the assessee, Shri Deepak Kakubhai Mehta, against separate but similarly worded orders passed by the learned Commissioner of Income Tax (Appeals), Mumbai, pertaining to Assessment Years 2012-13 to 2018-19. Since the issues involved in all the appeals arise from a common search action, rest on an identical factual matrix, and involve overlapping questions of law and juri iction, the same were heard together and are being disposed of by this consolidated ord

The order continues below.

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