Rudrapratap Tripathi, Mumbai vs. CIT (Appeals)-II, Thane
In the result, the appeal filed by the assessee is allowed in the manner indicated above
ITA 1730/MUM/2020[2011-12]Status: DisposedITAT Mumbai28 Jul 2022AY 2011-12
Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am 1. आयकरअपीलसं./ I.T.A. No. 1730/Mum/2020 (ननधधारणवर्ा / Assessment Year: 2011-12) Dcit Cir-3, Rudra Pratap Tripathi R. No. 2, B-Wing, 6Th Prop. M/S Indian Corporation, Floor, Ashar It Park, 502, Modi House, 5Th Floor बनाम/ Road No. 16, Wagle Indl. Opp. Rto Office Vs. Estate, Thane, Eastern Express Highway, Maharashtra, Thane West, Maharashtra Pin-400 604 Pin-400 602 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Actpt0115A (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri S. K. Garg, Ld. Ar प्रत्यथीकीओरसे/Respondent By : Smt. Mahita Nair, Ld. Dr सुनवधईकीतधरीख/ : 13.07.2022 Date Of Hearing घोर्णधकीतधरीख / : 28.07.2022 Date Of Pronouncement
For Appellant: Shri S. K. Garg, Ld. ARFor Respondent: Smt. Mahita Nair, Ld. DR
Section 143(3)Section 24
…rsion is not supported by documentary evidences, although it was not the case here, yet circumstantial evidences, are to be given due credence as per the decision of Hon‟ble Supreme Court in the case of Dhakeshwari Cotton Mills Ltd. vs. CIT reported in (1955) 26 ITR 775, wherein their lordships have observed and held as under:- “....The ITO is not barred by technical rules of evidence and pleadings, and he is entitled to act on material which may not be accepted as evidence in a Court of law, but in making the 14 I.T.A. No. 1730/Mum/2020 Rudra Pratap Tripathi assessment under sub-s. (3) of s.23 the ITO is not en…