Dwarka Prasad Agarwal, Mumbai vs. ITO 21(1)(3), Mumbai
In the result, appeal of the Revenue is dismissed
ITA 4592/MUM/2016[2011-12]Status: DisposedITAT Mumbai05 Oct 2017AY 2011-12
Bench: Shri D.T.Garasia, Jm & Shri Rajesh Kumar, Am
For Appellant: Shri Arvind SondeFor Respondent: Shri B Puresh
Section 139Section 143(1)Section 143(2)Section 147Section 148
…support of his contention, the ld. AR relied upon the following decisions: i) CIT V/s Kamalini Khatau-209 ITR 101(SC); ii) Vikramsinghji Gondal-363 ITR 679 (SC); iii) Jyothirsinhji Gondal V/s CIT Tax appeal 229/2002 and others decided on 12.9.2008 reported in 326 ITR 594 (Gujarat High Court). iv) Shanta Ben Patel in ITA No.5000/Mum/2001 Mumbai Bench of ITAT; The ld. AR finally prayed before the Bench that since the distribution of corpus in the hands of the assessee of AADT was a capital receipt the order of CIT(A) should be reversed and AO be directed to delete the addition. 6. The ld.DR on the other hand, vehe…