SHRI AVINASH NIVRUTTI BHOSALE,PUNE vs. DY CIT CENTRAL CIR-2(3), MUMBAI
In the result, both the appeals filed by the assessee are allowed
ITA 531/MUM/2021[2010-11]Status: DisposedITAT Mumbai10 Jul 2023AY 2010-11
Bench: Shri Kuldip Singh & Shri Gagan Goyal & Shri Avinash Nivrutti Bhosale, 2, Abil House, Ganesh Khind Road, Range Hill Corner, Pune-411 007 ...... Appellant Vs. Dcit Cent. Cir 2(3) 8Th Floor, R. No. 803, Old Cgo Bldg, Pratistha Bhavan, M. K. Road, Mumbai-400 020 Pan – Abtpb8151F ..... Respondent
For Appellant: Shri Madhur Agarwal, Ld. ARFor Respondent: Smt. Shailja Rai, Ld. DR
Section 143(3)Section 153ASection 250
…inter alia held that (page 101 of 397 ITR): "38. Fifthly, statements recorded under section 132(4) of the Act do not by themselves constitute incriminating material as has been explained by this court in Harjeev Aggarwal." 9. In CIT v. Harjeev Aggarwal [2016] 6 ITR-OL 504 (Delhi); [2016] 290 CTR 263; [2016] SCC OnLine 15122 this court had held as follows (page 515 of 6 ITR-OL): "In view of the settled legal position, the first and foremost issue to be addressed is whether a statement recorded under section 132(4) of the Act would by itself be sufficient to assess the income, as disclosed by the assessee in its st…
