H.K. ENTERPRISES,MUMBAI vs. DY CIT - CC-2(4), MUMBAI
In the result, all the eight appeals filed by the assessee are allowed
ITA 317/MUM/2021[2015-16]Status: DisposedITAT Mumbai24 Jan 2025AY 2015-16
Bench: Shri Sandeep Gosain & Shri Prabhash Shankar
Section 143(3)Section 153ASection 245D(1)Section 250Section 254
…ed additional income before Settlement Commission, no addition can be made without basis. Hence, the addition made by the AO and Ld. CIT (A) is deleted." 28. Similar view has been taken by Hon'ble Mumbai Tribunal in the case of Dolat Investments Ltd. v. DCIT [38 SOT 123] wherein the court held that where assessee's disclosure was not admitted u/s. 245D(1) of the Act, confidential information disclosed to Settlement Commission in that regard, cannot be used by Assessing Officer to make additions. The relevant extract of the decision is reproduced as below: "19. It can be seen from the aforesaid provisions that the…