PEGASUS PROPERTIES P. LTD.,PUNE vs. DY CIT, CC-2(3), MUMBAI
In the result, appeal filed by the assessee is partly allowed
ITA 943/MUM/2021[2015-16]Status: DisposedITAT Mumbai19 May 2022AY 2015-16
Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble
For Appellant: Shri Rajan VoraFor Respondent: Shri Dhramveer Singh
Section 153Section 153ASection 153CSection 22Section 23Section 23(4)
…see shall not be allowed as a deduction under any head of income." 62. In this regard. the Appellant wishes to place reliance on the decision of Kesarwani Sheetalaya Sahson (ITA No. 440/Alld/2012) dated 30 November 2012 approved by the Allahabad High Court in 418 ITR 369 (Copy enclosed at page 368 to 400 of the legal paperbook), which has held that no addition can be made under section 68 or 69A, when the cash in hand found is lesser than as compared to books of accounts in which the cash in hand shown is higher. The relevant extract of the findings of the High Court is as under: 38 ITA.NO. 943/MUM/2021 (A.Y: 20…