Mukesh R.Marolia v. Addl. CIT

Shri Yogesh P.Thakkar, Mumbai vs. The DCIT CC-3(4), Mumbai

In the result , the appeal of the assessee Shri Dineshchandra D

…with the entry operators who were also the exit provider. This onus is admittedly not discharged by the revenue in the instant case. 5.10. We find that the Co-ordinate Bench of this Tribunal in the case of Mukesh Ratilal Marolia vs Additional CIT reported in 6 SOT 247 (Mum ITAT) dated 15/12/2005 had held that personal knowledge and excitement on events should not lead the ld. AO to a state of affairs where salient evidences are overlooked. When every transaction has been accounted, documented and supported, it would be very difficult to brush aside the contentions of the assessee that he had purchased shares and…

Dineshchandra D. Chhajed, Mumbai vs. DCIT CC3(4), Mumbai

In the result , the appeal of the assessee Shri Dineshchandra D

…with the entry operators who were also the exit provider. This onus is admittedly not discharged by the revenue in the instant case. 5.10. We find that the Co-ordinate Bench of this Tribunal in the case of Mukesh Ratilal Marolia vs Additional CIT reported in 6 SOT 247 (Mum ITAT) dated 15/12/2005 had held that personal knowledge and excitement on events should not lead the ld. AO to a state of affairs where salient evidences are overlooked. When every transaction has been accounted, documented and supported, it would be very difficult to brush aside the contentions of the assessee that he had purchased shares and…

Shri Nitin Popatlal Thakkar, Mumbai vs. The Dy.Citi Cent. Cir -3(4), Mumbai

In the result , the appeal of the assessee Shri Dineshchandra D

…with the entry operators who were also the exit provider. This onus is admittedly not discharged by the revenue in the instant case. 5.10. We find that the Co-ordinate Bench of this Tribunal in the case of Mukesh Ratilal Marolia vs Additional CIT reported in 6 SOT 247 (Mum ITAT) dated 15/12/2005 had held that personal knowledge and excitement on events should not lead the ld. AO to a state of affairs where salient evidences are overlooked. When every transaction has been accounted, documented and supported, it would be very difficult to brush aside the contentions of the assessee that he had purchased shares and…

Shri Nitin Popatlal Thakkar, Mumbai vs. The DCIT Cent.Cir-3(4), Mumbai

In the result , the appeal of the assessee Shri Dineshchandra D

…with the entry operators who were also the exit provider. This onus is admittedly not discharged by the revenue in the instant case. 5.10. We find that the Co-ordinate Bench of this Tribunal in the case of Mukesh Ratilal Marolia vs Additional CIT reported in 6 SOT 247 (Mum ITAT) dated 15/12/2005 had held that personal knowledge and excitement on events should not lead the ld. AO to a state of affairs where salient evidences are overlooked. When every transaction has been accounted, documented and supported, it would be very difficult to brush aside the contentions of the assessee that he had purchased shares and…

Smt Harhsa Nitin Thakkar, Mumbai vs. The Dy. Citi Cent. Cir -3(4), Mumbai

In the result , the appeal of the assessee Shri Dineshchandra D

…with the entry operators who were also the exit provider. This onus is admittedly not discharged by the revenue in the instant case. 5.10. We find that the Co-ordinate Bench of this Tribunal in the case of Mukesh Ratilal Marolia vs Additional CIT reported in 6 SOT 247 (Mum ITAT) dated 15/12/2005 had held that personal knowledge and excitement on events should not lead the ld. AO to a state of affairs where salient evidences are overlooked. When every transaction has been accounted, documented and supported, it would be very difficult to brush aside the contentions of the assessee that he had purchased shares and…

Nisha Yogesh Thakkar, Mumbai vs. DCIT CC 3(4), Mumbai

In the result , the appeal of the assessee Shri Dineshchandra D

…with the entry operators who were also the exit provider. This onus is admittedly not discharged by the revenue in the instant case. 5.10. We find that the Co-ordinate Bench of this Tribunal in the case of Mukesh Ratilal Marolia vs Additional CIT reported in 6 SOT 247 (Mum ITAT) dated 15/12/2005 had held that personal knowledge and excitement on events should not lead the ld. AO to a state of affairs where salient evidences are overlooked. When every transaction has been accounted, documented and supported, it would be very difficult to brush aside the contentions of the assessee that he had purchased shares and…

Smt. Harsh A Nitin Thakkar, Raigad vs. The DCIT Cent. Cir -3(4), Mumbai

In the result , the appeal of the assessee Shri Dineshchandra D

…with the entry operators who were also the exit provider. This onus is admittedly not discharged by the revenue in the instant case. 5.10. We find that the Co-ordinate Bench of this Tribunal in the case of Mukesh Ratilal Marolia vs Additional CIT reported in 6 SOT 247 (Mum ITAT) dated 15/12/2005 had held that personal knowledge and excitement on events should not lead the ld. AO to a state of affairs where salient evidences are overlooked. When every transaction has been accounted, documented and supported, it would be very difficult to brush aside the contentions of the assessee that he had purchased shares and…

Shri Yogesh P. Thakkar, Panvel vs. The DCIT, CC-3(4), Mumbai

In the result , the appeal of the assessee Shri Dineshchandra D

…with the entry operators who were also the exit provider. This onus is admittedly not discharged by the revenue in the instant case. 5.10. We find that the Co-ordinate Bench of this Tribunal in the case of Mukesh Ratilal Marolia vs Additional CIT reported in 6 SOT 247 (Mum ITAT) dated 15/12/2005 had held that personal knowledge and excitement on events should not lead the ld. AO to a state of affairs where salient evidences are overlooked. When every transaction has been accounted, documented and supported, it would be very difficult to brush aside the contentions of the assessee that he had purchased shares and…

Bhikam Chand Mutha, Mumbai vs. ITO 22(1)(3), Mumbai

In the result , the appeal of the assessee is partly allowed

…involved in any price rigging and also the exit provider. This onus is admittedly not discharged by the revenue in the instant case. 6.9. We find that the Co-ordinate Bench of this Tribunal in the case of Mukesh Ratilal Marolia vs Additional CIT reported in 6 SOT 247 (Mum ITAT) dated 15/12/2005 had held that personal knowledge and excitement on events should not lead the ld. AO to a state of affairs where salient evidences are overlooked. When every transaction has been accounted, documented and supported, it would be very difficult to brush aside the contentions of the assessee that he had purchased shares and…

Shri Pravin C. Bokadia, Mumbai vs. The Income Tax Officer, Ward-19(2)(5), Mumbai

In the result , the appeal of the assessee is allowed

…rigging or the exit provider. This onus is admittedly not discharged by the revenue in the instant case. 11 SHRI. PRAVIN C. BOKADIA 6.10. I find that the Co-ordinate Bench of this Tribunal in the case of Mukesh Ratilal Marolia vs Additional CIT reported in 6 SOT 247 (Mum ITAT) dated 15/12/2005 had held that personal knowledge and excitement on events should not lead the ld. AO to a state of affairs where salient evidences are overlooked. When every transaction has been accounted, documented and supported, it would be very difficult to brush aside the contentions of the assessee that he had purchased shares and…

Sankrt Shailendra Mody, Mumbai vs. Income Tax Officer 19(3) (2), Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T Varkey & Shri M.Balaganeshsanket Shailendra Vs. Income Tax Officer 19(3) (2) Mody Mumbai. 8/A, Navjeevan Patel, Compound, 20 Nepean Mumbai, Maharashtra 400007 Sea Road, Mumbai, Maharashtra 400006

…g involved in any price rigging and also the exit provider. This onus is admittedly not discharged by the revenue in the instant case. 6.9. We find that the Co-ordinate Bench of this Tribunal in the case of Mukesh Ratilal Marolia vs Additional CIT reported in 6 SOT 247 (Mum ITAT) dated 15/12/2005 had held that personal knowledge and excitement on events should not lead the ld. AO to a state of affairs where salient evidences are overlooked. When every transaction has been accounted, documented and supported, it would be very difficult to brush aside the contentions of the assessee that he had purchased shares and…

ITO - 33(1)(1), Mumbai vs. Smt Ranjana Subhash Shinde, Mumbai

In the result , the appeal of the revenue is dismissed

…g involved in any price rigging and also the exit provider. This onus is admittedly not discharged by the revenue in the instant case. 8.6. We find that the Co-ordinate Bench of this Tribunal in the case of Mukesh Ratilal Marolia vs Additional CIT reported in 6 SOT 247 (Mum ITAT) dated 15/12/2005 had held that personal knowledge and excitement on events should not lead the ld. AO to a state of affairs where salient evidences are overlooked. When every transaction has been accounted, documented and supported, it would be very difficult to brush aside the contentions of the assessee that he had purchased shares and…

Dy.C.I.T. Cent. Cir-6(2), Mumbai vs. Shri Dilip B.Jiwrajka, Mumbai

In the result, the Cross Objections for AYs 2012-13 & 2013-14

…bstantial question of law. They are accordingly dismissed. [Para 7]..." ” C.O. 92 & 93/Mum/2022 A.Ys. 2012-13 to 15-16 Shri Dilip B. Jiwarajka 47. We may also gainfully refer to the decision rendered by this Tribunal in the case of DCIT Vs Mukesh R Marolia (6 SOT 247) wherein on similar facts and circumstances the addition made by the AO on account of purported bogus LTCG derived on sale of listed shares was deleted by observing as under: “10. We heard both sides in detail and perused rival contentions in the light of the records of the case and the paper book filed by the assessee. In the return of income fil…

Income Tax Officer 33(1)(4), Mumbai vs. Dheeraj Babulal Shah, Mumbai

In the result, the appeals filed by the revenue are dismissed

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. Nos. 4272/Mum/2018 (निर्धारण वर्ा / Assessment Years: 2014-15) & आयकर अपील सं/ I.T.A. Nos. 4092/Mum/2019 (निर्धारण वर्ा / Assessment Years: 2015-16) बिधम/ Ito-33(1)(4) Dheeraj Babulal Shah Room No. 708, 7Th Floor, 23/A-12, Akash Chsl, Vs. Bldg. No. C-12, Jalawal Nagar, Ashok Nagar, Pratyakshakar Bhavan, Kandivali (E), Mumbai- Bandra Kurla Complex, 400101. Bandra (E), Mumbai- 400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Arwps1458D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Smt. Mahita Nair (Sr. Ar) Assessee By: Shri Rajkumar Singh सुनवाई की तारीख / Date Of Hearing: 19/07/2022 घोषणा की तारीख /Date Of Pronouncement: 14/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Appeals Are Preferred By The Revenue Against The Orders Of The Ld. Cit(A)-45, Mumbai, Dated 29.03.2018 For A.Y.2014-15 & Dated 12.03.2019 For Ay. 2015-16 Respectively.

…ee had converted his unaccounted cash into exempt capital gains. 6.19 In an identical manner, the addition on account of long term capital gain on sale of shares was deleted by holding it to be a genuine transaction in the case of Mukesh Marolia v. Addl. CIT-6 SOT 247 (Mum). Even in the said case, the AO had held that the long term capital gain shown by the assessee was unexplained since in the said case broker had confirmed in a statement before the AO that he never sold any shares to the assessee. However, taking note of the evidence as available on record, the Hon’ble Tribunal held that the AO had not disprov…

Ashok Kumar Agarwal & Sons (HUF), Mumbai vs. Dy CIT -CC-7(3), Mumbai

In the result , both the appeals of the assessee are partly allowed

…involved in any price rigging and also the exit provider. This onus is admittedly not discharged by the revenue in the instant case. 4.12. We find that the Co-ordinate Bench of this Tribunal in the case of Mukesh Ratilal Marolia vs Additional CIT reported in 6 SOT 247 (Mum ITAT) dated 15/12/2005 had held that personal knowledge and excitement on events should not lead the ld. AO to a state of affairs where salient evidences are overlooked. When every transaction has been accounted, documented and supported, it would be very difficult to brush aside the contentions of the assessee that he had purchased shares and…

Shashi Agarwal, Mumbai vs. Dy CIT -CC-7(3), Mumbai

In the result , both the appeals of the assessee are partly allowed

…involved in any price rigging and also the exit provider. This onus is admittedly not discharged by the revenue in the instant case. 4.12. We find that the Co-ordinate Bench of this Tribunal in the case of Mukesh Ratilal Marolia vs Additional CIT reported in 6 SOT 247 (Mum ITAT) dated 15/12/2005 had held that personal knowledge and excitement on events should not lead the ld. AO to a state of affairs where salient evidences are overlooked. When every transaction has been accounted, documented and supported, it would be very difficult to brush aside the contentions of the assessee that he had purchased shares and…