ASST CIT CEN CIR 32, MUMBAI vs. PANDOO P. NAIG, MUMBAI

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ITA 7364/MUM/2011Status: DisposedITAT Mumbai24 June 2016AY 2008-0939 pages
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What did the Tribunal hold?

The Tribunal held that the additional income was returned under force, pressure, threat, or coercion, and the assessee was not liable to pay tax on it. The department was directed to refund any taxes paid on this additional income.

What were the facts?

During a survey, undisclosed income of Rs. 4 crores was admitted by Shri Pandoo P. Naig. Subsequently, he denied ownership of documents found during the survey and claimed the admission was under duress. Additions were made in his case, while in the cases of Prakash and Pravin Bandarkar, additions were made on a protective basis.

What were the issues?

Whether the admission of undisclosed income during survey, later denied, can be the basis for assessment, and if appellate authorities can consider claims not made before the Assessing Officer.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 133A,Section 131,Section 250

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Cases cited in this judgment(18)Show list

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Income Tax Appellate Tribunal, “C”, BENCH MUMBAI

Before: SHRI SANJAY GARG & SHRI RAJESH KUMAR

For Respondent: Shri C.W.Angolkar
Hearing: 04/04/2016Pronounced: 24/06/2016

Heard together (4 matters)

ITA No.7089/Mum/2011
ITA No.7364/Mum/2011
ITA No.6671/Mum/2012
ITA No. 6672/Mum/2012

Read from the judgment's own cause title. This page is filed under one of them.

आदेश क� क� �ितिलिप �ितिलिप अ�ेिषत अ�ेिषत/Copy of the Order forwarded to : आदेश आदेश आदेश क� क� �ितिलिप �ितिलिप अ�ेिषत अ�ेिषत 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. आयकर आयु�(अपील) / The CIT(A), Mumbai. 4. आयकर आयु� / CIT िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, मुंबई / DR, ITAT, Mumbai 5. 6. गाड� फाईल / Guard file. स�यािपत �ित //True Copy// आदेशानुसार/ BY ORDER, आदेशानुसार आदेशानुसार आदेशानुसार

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