FAZLE RAOOF SHEIKH,BHILWARA vs. DCIT, AJMER

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ITA 379/JPR/2024Status: DisposedITAT Jaipur25 October 2024AY 2016-17Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)29 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeals. For AY 2016-17 and 2017-18, additions on account of Hawala commission income were set aside due to lack of incriminating material for those specific years. The addition of Rs. 4 crores for AY 2018-19, made on a protective basis, was also allowed.

What were the facts?

The assessee's appeals were filed against CIT(A) orders which upheld assessment orders for AY 2016-17 to 2018-19. The assessments were framed under Section 144 r.w.s. 153A, involving additions for commission income from Hawala business and unexplained cash.

What were the issues?

Whether additions for Hawala commission income for AY 2016-17 and 2017-18 are sustainable without specific incriminating material for those years. Whether a protective addition of Rs. 4 crores made under Section 69A can be sustained when a substantive addition was made in another assessee's case.

Which sections of the Income-tax Act were involved?

Section 144,Section 153A,Section 69A

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Income Tax Appellate Tribunal, JAIPUR BENCHES,”B-BENCH” JAIPUR

Before: SHRI RATHOD KAMLESH JAYANTBHAI, AM& SHRI NARINDER KUMAR, JM vk;dj vihy la-@ITA No. 379 to 381/JPR/2024

Hearing: 21/10/2024Pronounced: 25/10/2024

Result

44.

As a result, appeals- are allowed and the impugned orders passed by Learned CIT(A) upholding the assessment orders for the assessment years 2016-17 and 2017-18 are hereby set aside.

45.

Appeal-ITA No.381/JPR/2024 is partly allowed in the manner indicated above, and the impugned order passed by Learned CIT(A) and the assessment order are modified accordingly.

1.

to 381/JPR/2024 Fazle Raoof Sheikh vs. DCIT Copy of the common order be placed in the connected two appeal files. Files of appeal be consigned to the record room after the needful is done by the office.

Order pronounced in the open court on 25/10/2024.

1.

Sd/- Sd/- ¼jkBkSM+ deys'k t;UrHkkbZ ½ ¼ujsUnz dqekj½ (RATHOD KAMLESH JAYANTBHAI) (NARINDER KUMAR) ys[kk lnL; @Accountant Member U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 25/10/2024 *Santosh आदेश की प्रतिलिपिअग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू The Appellant- Fazle Raoof Sheikh, Bhilwara. 1. 2. izR;FkhZ@ The Respondent- DCIT, Ajmer. 3. vk;djvk;qDr@ The ld CIT 4. विभागीय प्रतिनिधि] आयकरअपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZQkbZy@ Guard File to 381/JPR/2024) vkns'kkuqlkj@ By order,

सहायक पंजीकार@Aेेजज. त्महपेजतंत

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