CIT v. Indeo Airways Pvt. Ltd.

349 ITR 85High Court2012#937 most cited

What is CIT v. Indeo Airways Pvt. Ltd. authority for?

If revenue relies on entries of receipts in seized material, the corresponding expenditure must also be considered unless there is concrete evidence to disregard it. If documents found during a search are considered true and belong to the assessee, entries of expenditure recorded therein are also to be believed.

114

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. Indeo Airways · section 132(4) · seized material · reliance on receipts · corresponding expenditure · cash found during search · presumption u/s 132(4A) · section 292C

Sections most often in play

Section 132Section 132(4)Section 292CSection 69CSection 37(1)Section 143(3)Section 153ASection 69A
Read the full judgment

Issues it is cited on

section 132(1)(a)illegal paymentsection 153(a)(1)section 65b(4)cash found during searchsection 65bsection 65explanation to section 37peak credit theorysection 114section 292csection 132(4a)

Judgments citing CIT v. Indeo Airways Pvt. Ltd.

Garware Technical Fibres Limited, Pune vs. DCIT, CC-1(3), Pune

ITA 1701/PUN/2024[2018-19]Status: DisposedITAT Pune09 Jan 2025AY 2018-19

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

Section 131Section 132Section 139Section 143(2)Section 153A

…y must find it to be income and they cannot find so unless they have some material to justify their finding in the absence of sufficient material. 34. Referring to the decision of Hon'ble Delhi High Court in the case of CIT vs. Indeo Airways (P.) Ltd. (2012) 349 ITR 85 (Del) she submitted that the Hon'ble High Court in the said decision has held that where receipts recorded in searched documents are believed to be income, entries of expenditure recorded therein are also to be believed without asking for more evidence for such expenditure. The relevant observations of the Hon'ble High Court are as under: “9. The…

Garware Technical Fibres Limited, Pune vs. DCIT, CC-1(3), Pune

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 1700/PUN/2024[2017-18]Status: DisposedITAT Pune09 Jan 2025AY 2017-18

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: CA Ritu Kamal KishoreFor Respondent: Shri Amol Khairnar, CIT-DR And Shri Ramnath P Murkunde
Section 131Section 132Section 139Section 143(2)Section 153A

…y must find it to be income and they cannot find so unless they have some material to justify their finding in the absence of sufficient material. 34. Referring to the decision of Hon’ble Delhi High Court in the case of CIT vs. Indeo Airways (P.) Ltd. (2012) 349 ITR 85 (Del) she submitted that the Hon’ble High Court in the said decision has held that where receipts recorded in searched documents are believed to be income, entries of expenditure recorded therein are also to be believed without asking for more evidence for such expenditure. 35. Referring to the decision of Hon’ble Gujarat High Court in the case o…

Garware Technical Fibres Limited, Pune vs. DCIT, CC-1(3), Pune

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 1699/PUN/2024[2016-17]Status: DisposedITAT Pune09 Jan 2025AY 2016-17

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: CA Ritu Kamal KishoreFor Respondent: Shri Amol Khairnar, CIT-DR And Shri Ramnath P Murkunde
Section 131Section 132Section 139Section 143(2)Section 153A

…y must find it to be income and they cannot find so unless they have some material to justify their finding in the absence of sufficient material. 34. Referring to the decision of Hon’ble Delhi High Court in the case of CIT vs. Indeo Airways (P.) Ltd. (2012) 349 ITR 85 (Del) she submitted that the Hon’ble High Court in the said decision has held that where receipts recorded in searched documents are believed to be income, entries of expenditure recorded therein are also to be believed without asking for more evidence for such expenditure. 35. Referring to the decision of Hon’ble Gujarat High Court in the case o…

Garware Technical Fibres Limited, Pune vs. DCIT, CC-1(3), Pune

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 1698/PUN/2024[2015-16]Status: DisposedITAT Pune09 Jan 2025AY 2015-16

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: CA Ritu Kamal KishoreFor Respondent: Shri Amol Khairnar, CIT-DR And Shri Ramnath P Murkunde
Section 131Section 132Section 139Section 143(2)Section 153A

…y must find it to be income and they cannot find so unless they have some material to justify their finding in the absence of sufficient material. 34. Referring to the decision of Hon’ble Delhi High Court in the case of CIT vs. Indeo Airways (P.) Ltd. (2012) 349 ITR 85 (Del) she submitted that the Hon’ble High Court in the said decision has held that where receipts recorded in searched documents are believed to be income, entries of expenditure recorded therein are also to be believed without asking for more evidence for such expenditure. 35. Referring to the decision of Hon’ble Gujarat High Court in the case o…

Garware Technical Fibres Limited, Pune vs. DCIT, CC-1(3), Pune

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 1697/PUN/2024[2014-15]Status: DisposedITAT Pune09 Jan 2025AY 2014-15

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: CA Ritu Kamal KishoreFor Respondent: Shri Amol Khairnar, CIT-DR And Shri Ramnath P Murkunde
Section 131Section 132Section 139Section 143(2)Section 153A

…y must find it to be income and they cannot find so unless they have some material to justify their finding in the absence of sufficient material. 34. Referring to the decision of Hon’ble Delhi High Court in the case of CIT vs. Indeo Airways (P.) Ltd. (2012) 349 ITR 85 (Del) she submitted that the Hon’ble High Court in the said decision has held that where receipts recorded in searched documents are believed to be income, entries of expenditure recorded therein are also to be believed without asking for more evidence for such expenditure. 35. Referring to the decision of Hon’ble Gujarat High Court in the case o…

Garware Technical Fibres Limited, Pune vs. DCIT, CC-1(3), Pune

ITA 1696/PUN/2024[2013-14]Status: DisposedITAT Pune09 Jan 2025AY 2013-14

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: CA Ritu Kamal KishoreFor Respondent: Shri Amol Khairnar, CIT-DR And
Section 131Section 132Section 139Section 143(2)Section 153A

…ey must find it to be income and they cannot find so unless they have some material to justify their finding in the absence of sufficient material. 34. Referring to the decision of Hon'ble Delhi High Court in the case of CIT vs. Indeo Airways (P.) Ltd. (2012) 349 ITR 85 (Del) she submitted that the Hon'ble High Court in the said decision has held that where receipts recorded in searched documents are believed to be income, entries of expenditure recorded therein are also to be believed without asking for more evidence for such expenditure. The relevant observations of the Hon'ble High Court are as under: “9. The…

Deputy Commissioner of Income Tax, Central Circle-2(1), Nagpur vs. Shri Biharilal Shadhuram Chhabriya, Nagpur

In the result, appeal filed by the Revenue for the assessment year

ITA 109/NAG/2023[2019-20]Status: DisposedITAT Nagpur21 Aug 2024AY 2019-20

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Kailash C. Kanojiya
Section 131Section 132Section 139(1)Section 153CSection 69A

…IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no.106/Nag./2023 (Assessment Year : 2016–17) ITA no.107/Nag./2023 ITA no.106/Nag./2023 (Assessment Year : 2016–17) (Assessment Year : 2017–18) ITA no.109/Nag./2023 ITA no.108/Nag./2023 (Assessment Year : 2019–20) (Assessment Year : 2018–19) Dy. Commissioner of Income Tax ……………. Appellant Central Circle–2(1), Nagpur v/s Shri Biharilal Shadhuram Chhabriya ……………. Respondent Kirana Oli, Maskasath, Shahid Chowk Itwari, Nagpur 440 032 PAN – AASPC9392D Assessee by : Shri Abhay…

Deputy Commissioner of Income Tax, Centrll Circle-2(1), Nagpur vs. Shri Biharilal Shadhuram Chhabriya, Nagpur

In the result, appeal filed by the Revenue for the assessment year

ITA 108/NAG/2023[2018-19]Status: DisposedITAT Nagpur21 Aug 2024AY 2018-19

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Kailash C. Kanojiya
Section 131Section 132Section 139(1)Section 153CSection 69A

…IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no.106/Nag./2023 (Assessment Year : 2016–17) ITA no.107/Nag./2023 ITA no.106/Nag./2023 (Assessment Year : 2016–17) (Assessment Year : 2017–18) ITA no.109/Nag./2023 ITA no.108/Nag./2023 (Assessment Year : 2019–20) (Assessment Year : 2018–19) Dy. Commissioner of Income Tax ……………. Appellant Central Circle–2(1), Nagpur v/s Shri Biharilal Shadhuram Chhabriya ……………. Respondent Kirana Oli, Maskasath, Shahid Chowk Itwari, Nagpur 440 032 PAN – AASPC9392D Assessee by : Shri Abhay…

Deputy Commissioner of Income Tax, Central Circle-2(1), Nagpur vs. Shri Biharilal Shadhuram Chhabriya, Nagpur

In the result, appeal filed by the Revenue for the assessment year

ITA 107/NAG/2023[2017-18]Status: DisposedITAT Nagpur21 Aug 2024AY 2017-18

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Kailash C. Kanojiya
Section 131Section 132Section 139(1)Section 153CSection 69A

…IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no.106/Nag./2023 (Assessment Year : 2016–17) ITA no.107/Nag./2023 ITA no.106/Nag./2023 (Assessment Year : 2016–17) (Assessment Year : 2017–18) ITA no.109/Nag./2023 ITA no.108/Nag./2023 (Assessment Year : 2019–20) (Assessment Year : 2018–19) Dy. Commissioner of Income Tax ……………. Appellant Central Circle–2(1), Nagpur v/s Shri Biharilal Shadhuram Chhabriya ……………. Respondent Kirana Oli, Maskasath, Shahid Chowk Itwari, Nagpur 440 032 PAN – AASPC9392D Assessee by : Shri Abhay…

Deputy Commissioner of Income Tax, Central Circle-2(1), Nagpur vs. Shri Biharilal Shadhuram Chhabriya, Nagpur

In the result, appeal filed by the Revenue for the assessment year

ITA 106/NAG/2023[2016-17]Status: DisposedITAT Nagpur21 Aug 2024AY 2016-17

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Kailash C. Kanojiya
Section 131Section 132Section 139(1)Section 153CSection 69A

…IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no.106/Nag./2023 (Assessment Year : 2016–17) ITA no.107/Nag./2023 ITA no.106/Nag./2023 (Assessment Year : 2016–17) (Assessment Year : 2017–18) ITA no.109/Nag./2023 ITA no.108/Nag./2023 (Assessment Year : 2019–20) (Assessment Year : 2018–19) Dy. Commissioner of Income Tax ……………. Appellant Central Circle–2(1), Nagpur v/s Shri Biharilal Shadhuram Chhabriya ……………. Respondent Kirana Oli, Maskasath, Shahid Chowk Itwari, Nagpur 440 032 PAN – AASPC9392D Assessee by : Shri Abhay…

M/S. Hindusthan Bawa Builders, Mangalore vs. Assistant Commissioner of Income Tax, Central Circle-1, Mangalore

In the result, appeals of the assessee in ITA Nos

ITA 271/BANG/2024[2018-19]Status: DisposedITAT Bangalore04 Jul 2024AY 2018-19

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadav

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Smt. Neha Sahay, D.R
Section 153CSection 69B

…uncorroborated noting and scribbling on loose sheets of papers found during the course of other person and having no evidentiary value, is unsustainable and bad-in-law. Finally, he relied on the following judgements:- a) CIT v. Indeo Airways (P) Ltd. (2012) 349 ITR 85 (Delhi) b) Gem Super Structures Pvt. Ltd. V. DCIT, in ITA No.15/Bang/2014, dated 3.11.2016 c) P. Narasimha Rao Shivaprasad v DCIT, in ITA No.840/Bang/2022, dated 26.5.2023 d) DCIT v. Sunil Kumar Sharma in WA 830 to 834/2022 dated 22.1.2024. 7.3 Without prejudice to the above, the ld. A.R. submitted that provisions of section 292C of the Act is of…

M/S. Hindusthan Bawa Builders, Mangalore vs. Assistant Commissioner of Income Tax, Central Circle-1, Mangalore

In the result, appeals of the assessee in ITA Nos

ITA 270/BANG/2024[2017-18]Status: DisposedITAT Bangalore04 Jul 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadav

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Smt. Neha Sahay, D.R
Section 153CSection 69B

…uncorroborated noting and scribbling on loose sheets of papers found during the course of other person and having no evidentiary value, is unsustainable and bad-in-law. Finally, he relied on the following judgements:- a) CIT v. Indeo Airways (P) Ltd. (2012) 349 ITR 85 (Delhi) b) Gem Super Structures Pvt. Ltd. V. DCIT, in ITA No.15/Bang/2014, dated 3.11.2016 c) P. Narasimha Rao Shivaprasad v DCIT, in ITA No.840/Bang/2022, dated 26.5.2023 d) DCIT v. Sunil Kumar Sharma in WA 830 to 834/2022 dated 22.1.2024. 7.3 Without prejudice to the above, the ld. A.R. submitted that provisions of section 292C of the Act is of…

M/S. Hindusthan Bawa Builders, Mangalore vs. Assistant Commissioner of Income Tax, Central Circle-1, Mangalore

In the result, appeals of the assessee in ITA Nos

ITA 269/BANG/2024[2016-17]Status: DisposedITAT Bangalore04 Jul 2024AY 2016-17

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadav

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Smt. Neha Sahay, D.R
Section 153CSection 69B

…uncorroborated noting and scribbling on loose sheets of papers found during the course of other person and having no evidentiary value, is unsustainable and bad-in-law. Finally, he relied on the following judgements:- a) CIT v. Indeo Airways (P) Ltd. (2012) 349 ITR 85 (Delhi) b) Gem Super Structures Pvt. Ltd. V. DCIT, in ITA No.15/Bang/2014, dated 3.11.2016 c) P. Narasimha Rao Shivaprasad v DCIT, in ITA No.840/Bang/2022, dated 26.5.2023 d) DCIT v. Sunil Kumar Sharma in WA 830 to 834/2022 dated 22.1.2024. 7.3 Without prejudice to the above, the ld. A.R. submitted that provisions of section 292C of the Act is of…

M/S. Hindusthan Bawa Builders, Mangalore vs. Assistant Commissioner of Income Tax, Central Circle-2, Mangalore

In the result, appeals of the assessee in ITA Nos

ITA 268/BANG/2024[2014-15]Status: DisposedITAT Bangalore04 Jul 2024AY 2014-15

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadav

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Smt. Neha Sahay, D.R
Section 153CSection 69B

…uncorroborated noting and scribbling on loose sheets of papers found during the course of other person and having no evidentiary value, is unsustainable and bad-in-law. Finally, he relied on the following judgements:- a) CIT v. Indeo Airways (P) Ltd. (2012) 349 ITR 85 (Delhi) b) Gem Super Structures Pvt. Ltd. V. DCIT, in ITA No.15/Bang/2014, dated 3.11.2016 c) P. Narasimha Rao Shivaprasad v DCIT, in ITA No.840/Bang/2022, dated 26.5.2023 d) DCIT v. Sunil Kumar Sharma in WA 830 to 834/2022 dated 22.1.2024. 7.3 Without prejudice to the above, the ld. A.R. submitted that provisions of section 292C of the Act is of…

DCIT, CC-28, New Delhi vs. Lumax Auto Technologies Ltd, New Delhi

ITA 948/DEL/2021[2018-19]Status: DisposedITAT Delhi04 Apr 2024AY 2018-19

Bench: DR. B.R.R. KUMAR (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

Section 132(4)Section 69A

…s. M/s Lumax Industries Limited to be the true and correct document as per section 132(14A) r.w.s 292C of the Act as held in following judgments:- " The Hon’ble Delhi High Court in the case of CIT vs. Indeo Airways (P) Ltd. [2012] 26 taxmann.com 244 (Delhi)/349 ITR 85 (Delhi) " The Hon’ble ITAT Delhi on the case of ACIT vs. M/s Vatika Green field (P) Ltd., [2009] 121 TTJ 208 (Delhi) " The Hon’ble Delhi High Court in the case of CIT vs. D.D. Gears Ltd., ITA No.896/2008 " Golani Bros. vs. ACIT ; 75 ITD 1 (Pune) " Vivek Kumar Kathotia vs. DCIT [2013] 32 taxmann.com 331 (Kol-Trib.). 11. It is also found that the s…

DCIT, CC-28, New Delhi vs. Lumax Dk Auto Industries Ltd., New Delhi

ITA 947/DEL/2021[2018-19]Status: DisposedITAT Delhi04 Apr 2024AY 2018-19

Bench: DR. B.R.R. KUMAR (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

Section 132(4)Section 69A

…s. M/s Lumax Industries Limited to be the true and correct document as per section 132(14A) r.w.s 292C of the Act as held in following judgments:- " The Hon’ble Delhi High Court in the case of CIT vs. Indeo Airways (P) Ltd. [2012] 26 taxmann.com 244 (Delhi)/349 ITR 85 (Delhi) " The Hon’ble ITAT Delhi on the case of ACIT vs. M/s Vatika Green field (P) Ltd., [2009] 121 TTJ 208 (Delhi) " The Hon’ble Delhi High Court in the case of CIT vs. D.D. Gears Ltd., ITA No.896/2008 " Golani Bros. vs. ACIT ; 75 ITD 1 (Pune) " Vivek Kumar Kathotia vs. DCIT [2013] 32 taxmann.com 331 (Kol-Trib.). 11. It is also found that the s…

DCIT Central Circle-28, New Delhi vs. Lumax Industries Limited, New Delhi

ITA 1846/DEL/2020[2018-19]Status: DisposedITAT Delhi04 Apr 2024AY 2018-19

Bench: DR. B.R.R. KUMAR (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

Section 132(4)Section 69A

…s. M/s Lumax Industries Limited to be the true and correct document as per section 132(14A) r.w.s 292C of the Act as held in following judgments:- " The Hon’ble Delhi High Court in the case of CIT vs. Indeo Airways (P) Ltd. [2012] 26 taxmann.com 244 (Delhi)/349 ITR 85 (Delhi) " The Hon’ble ITAT Delhi on the case of ACIT vs. M/s Vatika Green field (P) Ltd., [2009] 121 TTJ 208 (Delhi) " The Hon’ble Delhi High Court in the case of CIT vs. D.D. Gears Ltd., ITA No.896/2008 " Golani Bros. vs. ACIT ; 75 ITD 1 (Pune) " Vivek Kumar Kathotia vs. DCIT [2013] 32 taxmann.com 331 (Kol-Trib.). 11. It is also found that the s…

Mr. Abdul Khader Kodi, Kasargod, Karnataka vs. Mr. C. Vijay Jayan, Deputy Commissioner of Income Tax, Mangaluru

In the result, all the appeals of the assessee are partly allowed for statistical purposes

ITA 638/BANG/2023[2018-2019]Status: DisposedITAT Bangalore22 Mar 2024AY 2018-2019

Bench: Shri Chandra Poojari & Smt. Beena Pillaiita Nos.636 To 638/Bang/2023 Assessment Years: 2016-17 To 2018-19 Mr. Abdul Khader Kodi Darul Huda, Near Salafi Masjid Kunjathur Via Dcit Manjeshwar Central Circle-2 Vs. Kasargod 671 323 Mangaluru Karnataka Pan No : Alhpk5340F Appellant Respondent Appellant By : Shri Ravishankar S.V., A.R. Respondent By : Shri G. Manoj Kumar, D.R. Date Of Hearing : 01.02.2024 Date Of Pronouncement : 22.03.2024 O R D E R Per Chandra Poojari: These Appeals By Assessee Are Directed By Different Orders Of Nfac For The Assessment Years 2016-17 To 2018-19 Having Common Date Dated 23.5.2022. 2. The Grounds Raised By The Assessee In All These Appeals Are Common In Nature, Except Change In Figures. We Consider Grounds In Ita No.636/Bang/2023, Which Reads As Follows: 1. The Learned Cit(A)-2, Panaji Erred In Passing The Order In The Manner He Did. 2. The Ld. Cit(A)-2, Panaji Erred In Upholding The Additions Made By The Assessing Officer Amounting To Rs.6,25,000 As Undisclosed Business Income & Rs.1,99,40,000 As Unexplained Investments Under Section 68 Of The Income Tax Act, 1961, Which Was Purely On Assumptions & Presumptions Based On The Loose Sheet Found At The Time Of Search.

For Appellant: Shri Ravishankar S.V., A.RFor Respondent: Shri G. Manoj Kumar, D.R
Section 132Section 144Section 153ASection 34Section 68Section 69Section 69B

…uncorroborated noting and scribbling on loose sheets of papers found during the course of other person and having no evidentiary value, is unsustainable and bad-in-law. Finally, he relied on the following judgements:- a) CIT v. Indeo Airways (P) Ltd. (2012) 349 ITR 85 (Delhi) b) Gem Super Structures Pvt. Ltd. V. DCIT, in ITA No.15/Bang/2014, dated 3.11.2016 c) P. Narasimha Rao Shivaprasad v DCIT, in ITA No.840/Bang/2022, dated 26.5.2023 ITA Nos.636 to 638/Bang/2023 Mr. Abdul Khader Kodi, Kasargod Page 8 of 23 d) DCIT v. Sunil Kumar Sharma in WA 830 to 834/2022 dated 22.1.2024. 7.3 Without prejudice to the abov…

Mr. Abdul Khader Kodi, Kasargod, Karnataka vs. Mr. C. Vinod Jayan, Deputy Commissioner of Income Tax, Mangalore

In the result, all the appeals of the assessee are partly allowed for statistical purposes

ITA 637/BANG/2023[2017-2018]Status: DisposedITAT Bangalore22 Mar 2024AY 2017-2018

Bench: Shri Chandra Poojari & Smt. Beena Pillaiita Nos.636 To 638/Bang/2023 Assessment Years: 2016-17 To 2018-19 Mr. Abdul Khader Kodi Darul Huda, Near Salafi Masjid Kunjathur Via Dcit Manjeshwar Central Circle-2 Vs. Kasargod 671 323 Mangaluru Karnataka Pan No : Alhpk5340F Appellant Respondent Appellant By : Shri Ravishankar S.V., A.R. Respondent By : Shri G. Manoj Kumar, D.R. Date Of Hearing : 01.02.2024 Date Of Pronouncement : 22.03.2024 O R D E R Per Chandra Poojari: These Appeals By Assessee Are Directed By Different Orders Of Nfac For The Assessment Years 2016-17 To 2018-19 Having Common Date Dated 23.5.2022. 2. The Grounds Raised By The Assessee In All These Appeals Are Common In Nature, Except Change In Figures. We Consider Grounds In Ita No.636/Bang/2023, Which Reads As Follows: 1. The Learned Cit(A)-2, Panaji Erred In Passing The Order In The Manner He Did. 2. The Ld. Cit(A)-2, Panaji Erred In Upholding The Additions Made By The Assessing Officer Amounting To Rs.6,25,000 As Undisclosed Business Income & Rs.1,99,40,000 As Unexplained Investments Under Section 68 Of The Income Tax Act, 1961, Which Was Purely On Assumptions & Presumptions Based On The Loose Sheet Found At The Time Of Search.

For Appellant: Shri Ravishankar S.V., A.RFor Respondent: Shri G. Manoj Kumar, D.R
Section 132Section 144Section 153ASection 34Section 68Section 69Section 69B

…uncorroborated noting and scribbling on loose sheets of papers found during the course of other person and having no evidentiary value, is unsustainable and bad-in-law. Finally, he relied on the following judgements:- a) CIT v. Indeo Airways (P) Ltd. (2012) 349 ITR 85 (Delhi) b) Gem Super Structures Pvt. Ltd. V. DCIT, in ITA No.15/Bang/2014, dated 3.11.2016 c) P. Narasimha Rao Shivaprasad v DCIT, in ITA No.840/Bang/2022, dated 26.5.2023 ITA Nos.636 to 638/Bang/2023 Mr. Abdul Khader Kodi, Kasargod Page 8 of 23 d) DCIT v. Sunil Kumar Sharma in WA 830 to 834/2022 dated 22.1.2024. 7.3 Without prejudice to the abov…

Mr. Abdul Khader Kodi, Kasargod, Karnataka vs. Mr. C. Vinod Jayan, Deputy Commissioner of Income Tax, Mangalore

In the result, all the appeals of the assessee are partly allowed for statistical purposes

ITA 636/BANG/2023[2016-2017]Status: DisposedITAT Bangalore22 Mar 2024AY 2016-2017

Bench: Shri Chandra Poojari & Smt. Beena Pillaiita Nos.636 To 638/Bang/2023 Assessment Years: 2016-17 To 2018-19 Mr. Abdul Khader Kodi Darul Huda, Near Salafi Masjid Kunjathur Via Dcit Manjeshwar Central Circle-2 Vs. Kasargod 671 323 Mangaluru Karnataka Pan No : Alhpk5340F Appellant Respondent Appellant By : Shri Ravishankar S.V., A.R. Respondent By : Shri G. Manoj Kumar, D.R. Date Of Hearing : 01.02.2024 Date Of Pronouncement : 22.03.2024 O R D E R Per Chandra Poojari: These Appeals By Assessee Are Directed By Different Orders Of Nfac For The Assessment Years 2016-17 To 2018-19 Having Common Date Dated 23.5.2022. 2. The Grounds Raised By The Assessee In All These Appeals Are Common In Nature, Except Change In Figures. We Consider Grounds In Ita No.636/Bang/2023, Which Reads As Follows: 1. The Learned Cit(A)-2, Panaji Erred In Passing The Order In The Manner He Did. 2. The Ld. Cit(A)-2, Panaji Erred In Upholding The Additions Made By The Assessing Officer Amounting To Rs.6,25,000 As Undisclosed Business Income & Rs.1,99,40,000 As Unexplained Investments Under Section 68 Of The Income Tax Act, 1961, Which Was Purely On Assumptions & Presumptions Based On The Loose Sheet Found At The Time Of Search.

For Appellant: Shri Ravishankar S.V., A.RFor Respondent: Shri G. Manoj Kumar, D.R
Section 132Section 144Section 153ASection 34Section 68Section 69Section 69B

…uncorroborated noting and scribbling on loose sheets of papers found during the course of other person and having no evidentiary value, is unsustainable and bad-in-law. Finally, he relied on the following judgements:- a) CIT v. Indeo Airways (P) Ltd. (2012) 349 ITR 85 (Delhi) b) Gem Super Structures Pvt. Ltd. V. DCIT, in ITA No.15/Bang/2014, dated 3.11.2016 c) P. Narasimha Rao Shivaprasad v DCIT, in ITA No.840/Bang/2022, dated 26.5.2023 ITA Nos.636 to 638/Bang/2023 Mr. Abdul Khader Kodi, Kasargod Page 8 of 23 d) DCIT v. Sunil Kumar Sharma in WA 830 to 834/2022 dated 22.1.2024. 7.3 Without prejudice to the abov…