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KAMAL CLEARING AND FORWARDING AGENCY PRIVATE LIMITED,MUMBAI vs. INCOME TAX OFFICER, WARD 6(3)(3), , MUMBAI

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ITA 1575/MUM/2024[2011-12]Status: DisposedITAT Mumbai02 January 20257 pages

Income Tax Appellate Tribunal, MUMBAI BENCH “E” MUMBAI

Before: MS. KAVITHA RAJAGOPAL () & SHRI OMKARESHWAR CHIDARA ()

For Appellant: Shri Sukhsagar Syal
For Respondent: Ms. Sudha Ramachandran, Sr. DR
Hearing: 12/11/2024Pronounced: 02/01/2025

PER OMKARESHWAR CHIDARA, AM This appeal by the assessee is directed against order dated 20.02.2024 passed by the Ld. Commissioner of Income-tax (Appeals) – National Faceless Appeal Centre, Delhi [in short ‘the Ld. CIT(A)’] for assessment year 2011-12. 2. The ITAT, Mu appellant’s case f 1576/Mum/2024 da Rs. 19,31,004/- on s issue was decided consideration now, i 54,77,918/-. While fi Tribunal (ITAT), the customs clearing se follows: 1. On the facts CIT(A) has erred in s of the Act of Rs.54,7 3. The Ld. AO h services to M/s Ro amount of Rs.54,77,9 amount from M/s R received the money fr has deposited cash o AO held that the app The Ld. AO received i tax Department tha payments were not re cash was deposited i where appellant com Kamal Clearing an umbai has passed an order for A.Y. 2010-11 vide or ated 31/12/2024 where the amo similar issue under similar circ in favour of appellant. For t in A.Y. 2011-12, the amount iling an appeal before the Incom assessee company, was render ervices, filed only one ground and circumstances of the case and in l sustaining the addition made by the Ld. 77,918/- on account of unexplained cash c has stated the assessee com mex International and it had 918/- from this company. Instea Romex International, the app rom one Mr. Ravi Prakash. As M of Rs.1.57 crores in his bank a pellant company is the beneficia information from Investigation W at Mr. Ravi Prakash is not tra eceived from Mr. Romex Interna in the bank account of Mr. Rav mpany received money, the Ld. nd Forwarding Agency Pvt. Ltd. 2 in the above rder ITA No. ount involved is umstances. The the year under involved is Rs. me-tax Appellate ring services as d of appeal as law, the ld. AO u/s 68 credit. mpany rendered d to receive an ad of getting the ellant company Mr. Ravi Prakash account, the ld. ary of the same. Wing of Income- aceable. As the ational and huge vi Prakash from AO treated the same as unexplained of Rs. 54,77,918/- w has also confirmed th it is a case of mone money to the appella Romex International that the sources o because Mr. Ravi P account. Hence, the a First Appellate Autho 4. Aggrieved by th appellant filed an ap appeal mentioned i additional ground o appellant which is re “On the facts impugned ass as much as th 4.1 Again another p by the ITAT