CIT v. J.J. Gandhi

39 CTR 127Reported decision#3198 most cited

What is CIT v. J.J. Gandhi authority for?

The theory of telescoping can be applied when the Assessing Officer seeks to make additions for unexplained investments after an addition for undisclosed income has already been made, allowing the assessee to argue that the investment is sourced from the previously taxed undisclosed income.

37

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2023 to 2026.

Also referred to as

CIT v. J.J. Gandhi · 39 CTR 127 · telescoping · cash credits · unexplained investment · undisclosed income · additions · assessee explanation · Bombay High Court

Sections most often in play

Section 153ASection 143(3)Section 153CSection 132Section 44ADSection 69CSection 69ASection 131

Issues it is cited on

section 153cofsection 245c(1)section 245hsection 114(e)section 134section 245csection 245d(4)section 153b(1)(b)section 245don money receiptsection 90asanction under section 151

Judgments citing CIT v. J.J. Gandhi

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), CHENNAI vs. PERIYASAMY ANBUNATHAN, KARUR

In the result, all the appeals of the Revenue and the assessee are partly allowed for statistical purposes and the cross objections of the assessee are dismissed

ITA 1596/CHNY/2025[2016-17]Status: DisposedITAT Chennai23 Jan 2026AY 2016-17

Bench: Shri Aby T. Varkey & Shri S.R.Raghunatha

For Appellant: Mr.J.K. Reddy, CAFor Respondent: Ms.E. Pavuna Sundari, CIT
Section 131Section 132Section 132(4)Section 250

…n to the assessee to explain that, the suppressed profits had been brought in as cash credits and has to be telescoped into the other. 39. Gainful reference may also be made to the decision of the Hon'ble Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127). In this judgment also, the Hon'ble High Court had approved the theory of telescoping and held that it could be applied in cases where additions in relation of unexplained money/investment are sought to be made in the hands of the assessee. The Hon'ble Court explained that if an addition towards undisclosed income was made and the AO also seeks…

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), CHENNAI, CHENNAI vs. PERIYASAMY ANBUNATHAN, KARUR

In the result, all the appeals of the Revenue and the assessee are

ITA 1536/CHNY/2025[2017]Status: DisposedITAT Chennai23 Jan 2026
Section 131Section 132Section 132(4)Section 250

…pen to the assessee to explain that, the suppressed profits had been brought in as cash credits and has to be telescoped into the other. 39. Gainful reference may also be made to the decision of the Hon'ble Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127). In this judgment also, the Hon'ble High Court had approved the theory of telescoping and held that it could be applied in cases where additions in relation of unexplained money/investment are sought to be made in the hands of the assessee. The Hon'ble Court explained that if an addition towards undisclosed income was made and the AO also seeks t…

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), CHENNAI, CHENNAI vs. PERIYASAMY ANBUNATHAN, KARUR

In the result, all the appeals of the Revenue and the assessee are partly allowed for statistical purposes and the cross objections of the assessee are dismissed

ITA 1529/CHNY/2025[2014-15]Status: DisposedITAT Chennai23 Jan 2026AY 2014-15

Bench: Shri Aby T. Varkey & Shri S.R.Raghunatha

For Appellant: Mr.J.K. Reddy, CAFor Respondent: Ms.E. Pavuna Sundari, CIT
Section 131Section 132Section 132(4)Section 250

…n to the assessee to explain that, the suppressed profits had been brought in as cash credits and has to be telescoped into the other. 39. Gainful reference may also be made to the decision of the Hon'ble Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127). In this judgment also, the Hon'ble High Court had approved the theory of telescoping and held that it could be applied in cases where additions in relation of unexplained money/investment are sought to be made in the hands of the assessee. The Hon'ble Court explained that if an addition towards undisclosed income was made and the AO also seeks…

PERIYASAMY ANBUNATHAN,KARUR vs. DCIT, CC-1(4), CHENNAI

In the result, all the appeals of the Revenue and the assessee are partly allowed for statistical purposes and the cross objections of the assessee are dismissed

ITA 1489/CHNY/2025[2016-17]Status: DisposedITAT Chennai23 Jan 2026AY 2016-17

Bench: Shri Aby T. Varkey & Shri S.R.Raghunatha

For Appellant: Mr.J.K. Reddy, CAFor Respondent: Ms.E. Pavuna Sundari, CIT
Section 131Section 132Section 132(4)Section 250

…n to the assessee to explain that, the suppressed profits had been brought in as cash credits and has to be telescoped into the other. 39. Gainful reference may also be made to the decision of the Hon'ble Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127). In this judgment also, the Hon'ble High Court had approved the theory of telescoping and held that it could be applied in cases where additions in relation of unexplained money/investment are sought to be made in the hands of the assessee. The Hon'ble Court explained that if an addition towards undisclosed income was made and the AO also seeks…

PERIASAMY ANBUNATHAN,KARUR vs. DCIT, CC-1(4), CHENNAI

In the result, all the appeals of the Revenue and the assessee are partly allowed for statistical purposes and the cross objections of the assessee are dismissed

ITA 1488/CHNY/2025[2015-16]Status: DisposedITAT Chennai23 Jan 2026AY 2015-16

Bench: Shri Aby T. Varkey & Shri S.R.Raghunatha

For Appellant: Mr.J.K. Reddy, CAFor Respondent: Ms.E. Pavuna Sundari, CIT
Section 131Section 132Section 132(4)Section 250

…n to the assessee to explain that, the suppressed profits had been brought in as cash credits and has to be telescoped into the other. 39. Gainful reference may also be made to the decision of the Hon'ble Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127). In this judgment also, the Hon'ble High Court had approved the theory of telescoping and held that it could be applied in cases where additions in relation of unexplained money/investment are sought to be made in the hands of the assessee. The Hon'ble Court explained that if an addition towards undisclosed income was made and the AO also seeks…

DY. CIT, CENTRAL CIRCLE-2(2), CHENNAI vs. NATESAN SABESAN, CHENNAI

In the result, both the appeals of the Revenue for AY 2018

ITA 974/CHNY/2022[2019-20]Status: DisposedITAT Chennai11 Dec 2024AY 2019-20

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwal

For Respondent: Mr. R. Clement Ramesh
Section 132

…o be made to the decision of the Hon'ble Gainful reference may also be made to the decision of the Hon'ble Gainful reference may also be made to the decision of the Hon'ble Bombay High Court in the case of Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127) ndhi (39 CTR 127). In ITA No.973 & 974 973 & 974/Chny/2022 C.O Nos.16 &17/Chny/2022 C.O Nos.16 &17/Chny/2022 (AYs– 2018 2018-19 & 2019-20) Natesan Sabesan :: 43 :: this judgment also, the Hon'ble High Court had approved the theory of this judgment also, the Hon'ble High Court had approved the theory of this judgment also, the Hon'ble High Court…

DY. CIT, CENTRAL CIRCLE-2(2), CHENNAI vs. NATESAN SABESAN, CHENNAI

In the result, both the appeals of the Revenue for AY 2018

ITA 973/CHNY/2022[2018-19]Status: DisposedITAT Chennai11 Dec 2024AY 2018-19

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwal

For Respondent: Mr. R. Clement Ramesh
Section 132

…o be made to the decision of the Hon'ble Gainful reference may also be made to the decision of the Hon'ble Gainful reference may also be made to the decision of the Hon'ble Bombay High Court in the case of Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127) ndhi (39 CTR 127). In ITA No.973 & 974 973 & 974/Chny/2022 C.O Nos.16 &17/Chny/2022 C.O Nos.16 &17/Chny/2022 (AYs– 2018 2018-19 & 2019-20) Natesan Sabesan :: 43 :: this judgment also, the Hon'ble High Court had approved the theory of this judgment also, the Hon'ble High Court had approved the theory of this judgment also, the Hon'ble High Court…

DCIT, CENTRAL CIRCLE-1, THANE, THANE vs. SUJATA PRAMOD DALVI, VIRAR EAST

In the result assessee’sground no

ITA 3521/MUM/2023[2017-18]Status: DisposedITAT Mumbai22 Oct 2024AY 2017-18

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjee

For Appellant: Mr. Mani Jain & Prateek JainFor Respondent: Smt.Madhu Malti Ghosh (CIT
Section 131Section 133(6)Section 143(3)Section 153DSection 250Section 44ASection 69Section 69ASection 69C

…ssee to explain that, the suppressed profits had been brought in as cash credits and has to be telescoped into the other. 6.4 Gainful reference may also be made to the decision of the Hon'ble jurisdictional Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127). In this judgment also, the Hon'ble High Court had approved the theory of telescoping and held that it could be applied in cases where additions in relation to unexplained money/investment are sought to be made in the hands of the assessee. The Hon'ble Court explained that if an addition towards undisclosed income was made and the AO also seeks t…

PRAMOD MUKUND DALVI,VIRAR vs. DCIT CENTRAL CIRCLE, THANE

In the result assessee’sground no

ITA 3393/MUM/2023[2016-17]Status: DisposedITAT Mumbai22 Oct 2024AY 2016-17

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjee

For Appellant: Mr. Mani Jain & Prateek JainFor Respondent: Smt.Madhu Malti Ghosh (CIT
Section 131Section 133(6)Section 143(3)Section 153DSection 250Section 44ASection 69Section 69ASection 69C

…ssee to explain that, the suppressed profits had been brought in as cash credits and has to be telescoped into the other. 6.4 Gainful reference may also be made to the decision of the Hon'ble jurisdictional Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127). In this judgment also, the Hon'ble High Court had approved the theory of telescoping and held that it could be applied in cases where additions in relation to unexplained money/investment are sought to be made in the hands of the assessee. The Hon'ble Court explained that if an addition towards undisclosed income was made and the AO also seeks t…

PRAMOD MUKUND DALVI,MUMBAI vs. DCIT CENTRAL CIRCLE, THANE

In the result assessee’sground no

ITA 3392/MUM/2023[2015-16]Status: DisposedITAT Mumbai22 Oct 2024AY 2015-16

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjee

For Appellant: Mr. Mani Jain & Prateek JainFor Respondent: Smt.Madhu Malti Ghosh (CIT
Section 131Section 133(6)Section 143(3)Section 153DSection 250Section 44ASection 69Section 69ASection 69C

…ssee to explain that, the suppressed profits had been brought in as cash credits and has to be telescoped into the other. 6.4 Gainful reference may also be made to the decision of the Hon'ble jurisdictional Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127). In this judgment also, the Hon'ble High Court had approved the theory of telescoping and held that it could be applied in cases where additions in relation to unexplained money/investment are sought to be made in the hands of the assessee. The Hon'ble Court explained that if an addition towards undisclosed income was made and the AO also seeks t…

MRS SUJATA PRAMOD DALVI,THANE vs. DCIT CC, THANE

In the result assessee’sground no

ITA 3385/MUM/2023[2016-17]Status: DisposedITAT Mumbai22 Oct 2024AY 2016-17

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjee

For Appellant: Mr. Mani Jain & Prateek JainFor Respondent: Smt.Madhu Malti Ghosh (CIT
Section 131Section 133(6)Section 143(3)Section 153DSection 250Section 44ASection 69Section 69ASection 69C

…ssee to explain that, the suppressed profits had been brought in as cash credits and has to be telescoped into the other. 6.4 Gainful reference may also be made to the decision of the Hon'ble jurisdictional Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127). In this judgment also, the Hon'ble High Court had approved the theory of telescoping and held that it could be applied in cases where additions in relation to unexplained money/investment are sought to be made in the hands of the assessee. The Hon'ble Court explained that if an addition towards undisclosed income was made and the AO also seeks t…

SUJATA PRAMOD DALVI,THANE vs. DCIT CC , THANE

In the result assessee’sground no

ITA 3381/MUM/2023[2012-13]Status: DisposedITAT Mumbai22 Oct 2024AY 2012-13

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjee

For Appellant: Mr. Mani Jain & Prateek JainFor Respondent: Smt.Madhu Malti Ghosh (CIT
Section 131Section 133(6)Section 143(3)Section 153DSection 250Section 44ASection 69Section 69ASection 69C

…ssee to explain that, the suppressed profits had been brought in as cash credits and has to be telescoped into the other. 6.4 Gainful reference may also be made to the decision of the Hon'ble jurisdictional Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127). In this judgment also, the Hon'ble High Court had approved the theory of telescoping and held that it could be applied in cases where additions in relation to unexplained money/investment are sought to be made in the hands of the assessee. The Hon'ble Court explained that if an addition towards undisclosed income was made and the AO also seeks t…

DCIT , CENTRAL CIRCLE - 3, COIMBATORE vs. SMT.VANITHA MOHAN, COIMBATRE

In the result, the appeal by the assessee in ITA No

ITA 498/CHNY/2022[2013-14]Status: DisposedITAT Chennai03 Jul 2024AY 2013-14

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./ Ita No.267/Chny/2022 िनधा"रण वष"/Assessment Year: 2013-14 V. Shri D. Vijay Mohan, The Dcit, No.232, Tea Estates, Central Circle-3, Race Course Road, Coimbatore. Coimbatore-641 018. [Pan: Aatpm 1202 F] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./ Ita No.268/Chny/2022 िनधा"रण वष"/Assessment Year: 2013-14

For Appellant: Shri T. Banusekar, AdvocateFor Respondent: Shri V. Nandakumar, CIT
Section 132Section 132(4)

…n to the assessee to explain that, the suppressed profits had been brought in as cash credits and has to be telescoped into the other. 21. Gainful reference may also be made to the decision of the Hon'ble Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127). In this judgment also, the Hon'ble High Court had approved the theory of telescoping and held that it could be applied in cases where additions in relation of unexplained money/investment are sought to be made in the hands of the assessee. The Hon'ble Court explained that if an addition towards undisclosed income was made and the AO also seeks…

DCIT , CENTRAL CIRCLE - 3, COIMBATORE vs. SHRI D VIJAY MOHAN, COIMBATORE

In the result, the appeal by the assessee in ITA No

ITA 497/CHNY/2022[2013-14]Status: DisposedITAT Chennai03 Jul 2024AY 2013-14

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./ Ita No.267/Chny/2022 िनधा"रण वष"/Assessment Year: 2013-14 V. Shri D. Vijay Mohan, The Dcit, No.232, Tea Estates, Central Circle-3, Race Course Road, Coimbatore. Coimbatore-641 018. [Pan: Aatpm 1202 F] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./ Ita No.268/Chny/2022 िनधा"रण वष"/Assessment Year: 2013-14

For Appellant: Shri T. Banusekar, AdvocateFor Respondent: Shri V. Nandakumar, CIT
Section 132Section 132(4)

…n to the assessee to explain that, the suppressed profits had been brought in as cash credits and has to be telescoped into the other. 21. Gainful reference may also be made to the decision of the Hon'ble Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127). In this judgment also, the Hon'ble High Court had approved the theory of telescoping and held that it could be applied in cases where additions in relation of unexplained money/investment are sought to be made in the hands of the assessee. The Hon'ble Court explained that if an addition towards undisclosed income was made and the AO also seeks…

VANITHA MOHAN,COIMBATORE vs. DCIT CENTRAL CIRCLE-3, COIMBATORE

In the result, the appeal by the assessee in ITA No

ITA 268/CHNY/2022[2013-14]Status: DisposedITAT Chennai03 Jul 2024AY 2013-14

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./ Ita No.267/Chny/2022 िनधा"रण वष"/Assessment Year: 2013-14 V. Shri D. Vijay Mohan, The Dcit, No.232, Tea Estates, Central Circle-3, Race Course Road, Coimbatore. Coimbatore-641 018. [Pan: Aatpm 1202 F] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./ Ita No.268/Chny/2022 िनधा"रण वष"/Assessment Year: 2013-14

For Appellant: Shri T. Banusekar, AdvocateFor Respondent: Shri V. Nandakumar, CIT
Section 132Section 132(4)

…n to the assessee to explain that, the suppressed profits had been brought in as cash credits and has to be telescoped into the other. 21. Gainful reference may also be made to the decision of the Hon'ble Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127). In this judgment also, the Hon'ble High Court had approved the theory of telescoping and held that it could be applied in cases where additions in relation of unexplained money/investment are sought to be made in the hands of the assessee. The Hon'ble Court explained that if an addition towards undisclosed income was made and the AO also seeks…

VIJAY MOHAN,COIMBAORE vs. DCIT, CENTRAL CIRCLE-(3)(I/C), COIMBATORE

In the result, the appeal by the assessee in ITA No

ITA 267/CHNY/2022[2013-14]Status: DisposedITAT Chennai03 Jul 2024AY 2013-14

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./ Ita No.267/Chny/2022 िनधा"रण वष"/Assessment Year: 2013-14 V. Shri D. Vijay Mohan, The Dcit, No.232, Tea Estates, Central Circle-3, Race Course Road, Coimbatore. Coimbatore-641 018. [Pan: Aatpm 1202 F] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./ Ita No.268/Chny/2022 िनधा"रण वष"/Assessment Year: 2013-14

For Appellant: Shri T. Banusekar, AdvocateFor Respondent: Shri V. Nandakumar, CIT
Section 132Section 132(4)

…n to the assessee to explain that, the suppressed profits had been brought in as cash credits and has to be telescoped into the other. 21. Gainful reference may also be made to the decision of the Hon'ble Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127). In this judgment also, the Hon'ble High Court had approved the theory of telescoping and held that it could be applied in cases where additions in relation of unexplained money/investment are sought to be made in the hands of the assessee. The Hon'ble Court explained that if an addition towards undisclosed income was made and the AO also seeks…

DCIT-CC-4(2), MUMBAI vs. RUBBERWALA HOUSING AND INFRASTRUCTURE LIMITED, MUMBAI

In the result, all the appeals of the assessee stands allowed and

ITA 3508/MUM/2023[2015-16]Status: DisposedITAT Mumbai07 Jun 2024AY 2015-16

Bench: Shri Br Baskaran, Am & Shri Aby T Varkey, Jm आयकर अपील सं/ I.T. A. No. 3448/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2015-16) & आयकर अपील सं/ I.T. A. No. 3447/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2016-17) & आयकर अपील सं/ I.T. A. No. 3446/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2017-18) & आयकर अपील सं/ I.T. A. No. 3445/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2018-19) & आयकर अपील सं/ I.T. A. No. 3444/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2019-20) & आयकर अपील सं/ I.T. A. No. 3459/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2020-21) & आयकर अपील सं/ I.T. A. No. 3432/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2021-22) Rubberwala Housing & Infrastructure Ltd. Ground Floor, Rubberwala House, Dr. A Nair Road, Agripada, Mumbai-400011. बनाम / Vs. Dcit, Central Circle-4(2) 19Th Floor, Air India Building, Nariman Point, Mumbai-400021. आयकर अपील सं/ I.T. A. No. 3508/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2015-16) & आयकर अपील सं/ I.T. A. No. 3505/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2016-17) & आयकर अपील सं/ I.T. A. No. 3504/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2017-18) & आयकर अपील सं/ I.T. A. No. 3549/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2018-19) & आयकर अपील सं/ I.T. A. No. 3503/Mum/2023

For Appellant: Shri Mani Jain FCAFor Respondent: Smt Sanyogita Nagpal
Section 132Section 143(1)Section 143(2)Section 153ASection 68Section 69C

…ssee to explain that, the suppressed profits had been brought in as cash credits and has to be telescoped into the other. 6.4 Gainful reference may also be made to the decision of the Hon'ble jurisdictional Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127). In this judgment also, the Hon'ble High Court had approved the theory of telescoping and held that it could be applied in cases where additions in relation to unexplained money/investment are sought to be made in the hands of the assessee. The Hon'ble Court explained that if an addition towards undisclosed income was made and the AO also seeks t…

RUBBERWALA HOUSING AND INFRASTRUCTURE LIMITED,MUMBAI vs. DCIT CC-4(2), MUMBAI

In the result, all the appeals of the assessee stands allowed and

ITA 3448/MUM/2023[2015-16]Status: DisposedITAT Mumbai07 Jun 2024AY 2015-16

Bench: Shri Br Baskaran, Am & Shri Aby T Varkey, Jm आयकर अपील सं/ I.T. A. No. 3448/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2015-16) & आयकर अपील सं/ I.T. A. No. 3447/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2016-17) & आयकर अपील सं/ I.T. A. No. 3446/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2017-18) & आयकर अपील सं/ I.T. A. No. 3445/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2018-19) & आयकर अपील सं/ I.T. A. No. 3444/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2019-20) & आयकर अपील सं/ I.T. A. No. 3459/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2020-21) & आयकर अपील सं/ I.T. A. No. 3432/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2021-22) Rubberwala Housing & Infrastructure Ltd. Ground Floor, Rubberwala House, Dr. A Nair Road, Agripada, Mumbai-400011. बनाम / Vs. Dcit, Central Circle-4(2) 19Th Floor, Air India Building, Nariman Point, Mumbai-400021. आयकर अपील सं/ I.T. A. No. 3508/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2015-16) & आयकर अपील सं/ I.T. A. No. 3505/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2016-17) & आयकर अपील सं/ I.T. A. No. 3504/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2017-18) & आयकर अपील सं/ I.T. A. No. 3549/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2018-19) & आयकर अपील सं/ I.T. A. No. 3503/Mum/2023 2

For Appellant: Shri Mani Jain FCAFor Respondent: Smt Sanyogita Nagpa
Section 132Section 143(1)Section 143(2)Section 153ASection 68Section 69ASection 69C

…ssee to explain that, the suppressed profits had been brought in as cash credits and has to be telescoped into the other. 6.4 Gainful reference may also be made to the decision of the Hon'ble jurisdictional Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127). In this judgment also, the Hon'ble High Court had approved the theory of telescoping and held that it could be applied in cases where additions in relation to unexplained money/investment are sought to be made in the hands of the assessee. The Hon'ble Court explained that if an addition towards undisclosed income was made and the AO also seeks t…

ASSISTANT COMMISSIONER OF INCOME TAX, THANE WEST vs. UDHAVDAS MOHANDAS RUPCHANDANI, ULHASNAGAR

In the result, the appeal of the revenue is dismissed

ITA 3081/MUM/2023[2017-18]Status: DisposedITAT Mumbai08 Apr 2024AY 2017-18

Bench: SHRI VIKAS AWASTHY (Judicial Member), SHRI AMARJIT SINGH (Accountant Member)

For Appellant: Ankush KapoorFor Respondent: M. Subramaniam
Section 132Section 153ASection 153CSection 245D(4)Section 69

…ssee to explain that, the suppressed profits had been brought in as cash credits and has to be telescoped into the other. 56. Gainful reference may also be made to the decision of the Hon’ble jurisdictional Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127). In this judgment also, the Hon’ble High Court had approved the theory of telescoping and held that it could be applied in cases where additions in relation of unexplained money/investment are sought to be made in the hands of the assessee. The Hon’ble Court explained that if an addition towards undisclosed income was made and the AO also seeks t…

ASSISTANT COMMISSIONER OF INCOME TAX, THANE WEST vs. KONARK INFRASTRUCTURE LIMITED , ULHASNAGAR

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

ITA 3088/MUM/2023[2017-18]Status: DisposedITAT Mumbai27 Feb 2024AY 2017-18

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No. 3025/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2017-18) Konark Infrastructure Ltd बिधम/ Dcit, Central Circle – 4 Ground Floor, Sapna 6Th Floor, Ashar It Park, Vs. Talkies, Konark Plaza, Near 16Z, Waghle Estate, Sapna Garden, Ulhasnagar Thane (W) 42100. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabck6745L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) आयकर अपील सं/ I.T.A. No. 3088/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2017-18) Dcit, Central Circle – 4 बिधम/ Konark Infrastructure Ltd 6Th Floor, Ashar It Park, Ground Floor, Sapna Vs. 16Z, Waghle Estate, Thane Talkies, Konark Plaza, (W) Near Sapna Garden, Ulhasnagar 42100. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabck6745L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vijay Mehta Revenue By: Shri Biswanant Das, Cit Dr सुनवाई की तारीख / Date Of Hearing: 14/02/2024 घोषणा की तारीख /Date Of Pronouncement: 27/02/2024 आदेश / O R D E R Per Aby T. Varkey, Jm:

For Appellant: Shri Vijay MehtaFor Respondent: Shri Biswanant Das, CIT DR
Section 132Section 153A

…see to explain that, the suppressed profits had been brought in as cash credits and has to be telescoped into the other. 56. Gainful reference may also be made to the decision of the Hon’ble jurisdictional Bombay High Court in the case of CIT vs J.J. Gandhi (39 CTR 127). In this judgment also, the Hon’ble High Court had approved the theory of telescoping and held that it could be applied in cases where additions in relation of unexplained money/investment are sought to be made in the hands of the assessee. The Hon’ble Court explained that if an addition towards undisclosed income was made and the AO also seeks t…

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CIT v. J.J. Gandhi (39 CTR 127) — Cited in 37 Judgments | BharatTax