How many judgments cite Smt. Malini Ramnath Rele v. ITO?

18 judgments on BharatTax cite Smt. Malini Ramnath Rele v. ITO (49 ITD 43), spanning 2018 to 2026.

Which sections of the Income Tax Act does Smt. Malini Ramnath Rele v. ITO come up under?

It is most often cited in judgments turning on Section 147, Section 143(3), Section 144, Section 148, Section 1961, Section 54B.

Smt. Malini Ramnath Rele v. ITO

49 ITD 43Income Tax Appellate Tribunal1994#6393 most cited

What is Smt. Malini Ramnath Rele v. ITO authority for?

In cases involving unexplained cash credits or household expenditure, the Tribunal may infer the involvement of cash sale consideration, which could include on-money payments, forming the source of such expenditure.

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2018 to 2026.

Also referred to as

Smt. Malini Ramnath Rele v. ITO · 49 ITD 43 · cash credits · unexplained expenditure · on-money · cash sale consideration · inference · section 69 · section 69A · ITAT

Sections most often in play

Section 147 Section 143(3)Section 144 Section 148 Section 1961 Section 54B Section 69 Section 69A

Issues it is cited on

on-money long term capital gains income-tax officer long term capital gain previous year section 250 section 144 section 147 section 69 section 69a transfer nfac

Judgments citing Smt. Malini Ramnath Rele v. ITO

NIRMAL SINGH,KASHIPUR vs. COMMISSIONER OF INCOME TAX APPEALS, NATIONAL FACELESS APPEAL CENTRE

Appeal is partly allowed

ITA 36/DDN/2021[2017-18]Status: DisposedITAT Dehradun13 Jan 2026AY 2017-18

Bench: Sh. Satbeer Singh Godara & Sh. Manish Agarwal

For Appellant: NoneFor Respondent: Sh. Amar Pal Singh, Sr. DR

Section 115BSection 144Section 69A

…the entire satisfaction of both the learned lower authorities, represent the on-money component in the foregoing sale deed involving total consideration of Rs.66,33,000/-. We further wish to emphasize here that case law Smt. Malini Ramnath Rele vs. ITO (1994) 49 ITD 43(MUM) (TM) has already settled the issue in favour of such an inference based on peculiar facts of the case. We thus deem it appropriate that a lump sum addition of Rs.1,00,000/- only would be just and proper with a rider that the same shall not be treated as a precedent. The assessee gets relieved of Rs.17,60,000/- in other words. 3 Nirmal Singh…

AKRAM ,BULANDSHAHR vs. ITO WARD 2(3)(1), BULANDSHAHR

Appeal is partly allowed

ITA 4668/DEL/2025[2012-13]Status: DisposedITAT Delhi26 Aug 2025AY 2012-13

Bench: Sh. Satbeer Singh Godaraita No. 4668/Del/2025 : Asstt. Year : 2012-13 Akram, Vs Income Tax Officer, H. No. 31, Wazidpur Khurja, Ward-2(3)(1), Bulandshahr, U.P.-203131 Bulandshahr, U.P. (Appellant) (Respondent) Pan No. Bwbpa9399C Assessee By: Sh. Pranav Yadav, Adv. Revenue By : Sh. Manoj Kumar, Sr. Dr Date Of Hearing: 26.08.2025 Date Of Pronouncement: 26.08.2025 Order This Assessee’S Appeal For Assessment Year 2012-13, Arises Against The Addl./Jcit(A)-5, Mumbai’S Din & Order No. Itba/Apl/S/250/2024-25/1066194528(1) Dated 28.06.2024, In Proceedings U/S 144 Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. Pranav Yadav, AdvFor Respondent: Sh. Manoj Kumar, Sr. DR

Section 144Section 2(14)

…t facts at his own risk and responsibility within three effective opportunities, in consequential proceedings. Ordered accordingly. 5. So far as the second issue of Rs.2,00,000/- is concerned, the tribunal hereby quote Smt. Malini Ramnath Rele vs. ITO (1994) 49 ITD 43(MUM) (TM) that the necessary inference in such an instance would be involvement some cash sale consideration which could form source of the impugned household expenditure. The same stands deleted. It is made clear before parting that the cost of acquisition already granted to the assessee shall not be disturbed in consequential proceedings. 3 Akra…

RANJEET SINGH,PALWAL vs. INCOME TAX OFFICER, FARIDABAD

Appeal is allowed

ITA 4390/DEL/2025[2012-13]Status: DisposedITAT Delhi21 Aug 2025AY 2012-13

Bench: Shri Satbeer Singh Godaraassessment Year: 2012-13 Vs. Income Tax Officer, Sh. Ranjeet Singh, S/O- Dhara Singh, Ward No. Ward-2(5), 21, Civil Line 4, Near Shiv Faridabad Mandir, Palwal, Haryana Pan: Dgups7700E (Appellant) (Respondent) Assessee By Sh. Charitra Gupta, Ca Department By Sh. Manoj Kumar, Sr. Dr

Section 147

…The above being the clinching factual position, the only inference which would arise herein is that the assessee’s impugned cash deposits form part of the foregoing cash sale consideration as per Mrs. Malini Ramnath Rele Vs. Third Income-Tax Officer on [1994] 49 ITD 43 (TM) (MUM); and, therefore, the same is directed to be deleted in very terms. 5. This assessee’s appeal is allowed. 2 | P a g e Order pronounced in the open court on 21st August, 2025 (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 21st August, 2025. RK/-…

CHANDRA SWARUP TYAGI,GHAZIABAD vs. INCOME TAX OFFICER, GHAZIABAD

Appeal is partly allowed in above terms

ITA 1281/DEL/2025[2011-2012]Status: DisposedITAT Delhi02 Jul 2025AY 2011-2012

Bench: Shri Satbeer Singh Godara

Section 147Section 69

…necessary inference which would prima facie arise therefore in such a situation is that the impugned cash deposits form part of on-money component which could not be altogether ruled out going by Mrs. Malini Ramnath Rele Vs. Third Income-Tax Officer on [1994] 49 ITD 43 (TM) (MUM). It is further made clear that the assessee has also not been able to plead and prove his on-money argument to the entire satisfaction of both the learned lower authorities. Be that as it may, it is thus deemed appropriate in the larger interest of justice that a lumpsum addition of Rs.2,91,150/- in the given facts would be just and prop…

VIJAY SINGH,GB NAGAR vs. INCOME TAX OFFICER, NOIDA

Appeal is partly allowed

ITA 1697/DEL/2025[2010-11]Status: DisposedITAT Delhi26 Jun 2025AY 2010-11

Bench: Sh. Satbeer Singh Godaraita No. 1697/Del/2025 : Asstt. Year : 2010-11 Vijay Singh, Vs Income Tax Officer, Village-Ahmedpur, Chauroli, Ward-2(5), Jewar, Gautam Budh Nagar, Noida, Uttar Pradesh-203155 Uttar Pradesh-201301 (Appellant) (Respondent) Pan No. Cxzps8846N Assessee By: Sh. Pavan Kumar Sharma, Ca Revenue By : Ms. Indu Bala Saini, Sr. Dr Date Of Hearing: 26.06.2025 Date Of Pronouncement: 26.06.2025 Order This Assessee’S Appeal For Assessment Year 2010-11, Arises Against The Cit(A)/Nfac, Delhi’S Din & Order No. Itba/Nfac/S/250/2024-25/1072462122(1) Dated 23.01.2025, In Proceedings U/S 147 R.W.S. 144 Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. Pavan Kumar Sharma, CAFor Respondent: Ms. Indu Bala Saini, Sr. DR

Section 147

…ed that even the learned Assessing Officer himself is very fair in granting credit of Rs.5,00,000/- to the assessee as representing sale consideration of agricultural land during the year. The necessary inference as per Smt. Malini Ramnath Rele vs. ITO (1994) 49 ITD 43(MUM) (TM) which would arise in such an instance that the impugned cash deposits; apart from agricultural produce sales and family savings, is that the assessee had also received some on money component as well which could not be denied in the given facts and circumstances of the case. Be that as it may, it is thus deemed appropriate in the larger i…

PANKAJ TYAGI,GHAZIABAD vs. ITO,WARD-2(2)(1), GHAZIABAD

Appeal is partly allowed

ITA 1534/DEL/2025[2012-13]Status: DisposedITAT Delhi29 May 2025AY 2012-13

Bench: Sh. Satbeer Singh Godaraita No. 1534/Del/2025 : Asstt. Year : 2012-13 Pankaj Tyagi, Vs Income Tax Officer, Offc. No. 104, First Floor, Durga Ward-2(2)(1), Chamber, Rdc, Rajnagar, Ghaziabad, Uttar Pradesh-201002 Uttar Pradesh (Appellant) (Respondent) Pan No. Bchpt4947H Assessee By: Ms. Harshita, Adv. Revenue By : Sh. Manoj Kumar, Sr. Dr Date Of Hearing: 29.05.2025 Date Of Pronouncement: 29.05.2025 Order This Assessee’S Appeal For Assessment Year 2012-13, Arises Against The Cit(A)/Nfac, Delhi’S Din & Order No. Itba/Nfac/S/250/2023-24/1056040634(1) Dated 13.09.2023, In Proceedings U/S 143(3) R.W.S. 147 Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Ms. Harshita, AdvFor Respondent: Sh. Manoj Kumar, Sr. DR

Section 143(3)

…nsel has invited tribunal’s attention to pages 17 to 74 in the assessee’s paper book indicating his father to have executed various sales in the relevant previous year. The assessee inference in such a situation; as per Smt. Malini Ramnath Rele vs. ITO (1994) 49 ITD 43(MUM) (TM), which would arise is that the impugned cash deposits prima facie the cash component in the above sale deeds. That being the case, the facts also remains that the assessee has not filed specific reconciliation of the impugned cash deposits vis-à-vis cash component alleged in the above sale deed. It is thus deemed appropriate in the larger…

SATISH,JIND vs. ASSESSING OFFICER, JIND

Appeal is partly allowed

ITA 5619/DEL/2024[2011-12]Status: DisposedITAT Delhi22 Apr 2025AY 2011-12

Bench: Sh. Satbeer Singh Godaraita No. 5619/Del/2024 : Asstt. Year : 2011-12 Satish, Vs Income Tax Officer, House No. 680, Nirjan, Ward-1, Jind Haryana-126102 Haryana (Appellant) (Respondent) Pan No. Dfups0022C Assessee By: None Revenue By : Sh. Sanjay Kumar, Sr. Dr Date Of Hearing: 22.04.2025 Date Of Pronouncement: 22.04.2025 Order

For Appellant: NoneFor Respondent: Sh. Sanjay Kumar, Sr. DR

Section 143(3)Section 144Section 54B

…s/capital assets in the relevant financial year. Necessary presumption which would arise in such an instance prima facie is that these cash deposits represent cash component of the assessee’s sale consideration going by Smt. Malini Ramnath Rele vs. ITO (1994) 49 ITD 43(MUM) (TM). 3 Satish 6. The fact however remains that the assessee has not been reconciled the corresponding facts and figures before learned lower authorities. He also appears to have claimed dairy and agricultural receipts of Rs.4,20,000/- whose details nowhere have been proved. Faced with this situation, it is deemed appropriate in the larger in…

KARAMBIR SINGH,KARNAL vs. ITO, WARD-4, KARNAL, KARNAL

Appeal is partly allowed in above terms

ITA 482/DEL/2025[2012-13]Status: DisposedITAT Delhi21 Apr 2025AY 2012-13

Bench: Sh. Satbeer Singh Godara

For Appellant: Sh. Gurjeet Singh, CAFor Respondent: Sh. Sanjay Kumar, Sr. DR

Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’, NEW DELHI Before Sh. Satbeer Singh Godara, Judicial Member ITA No. 482/Del/2025 : Asstt. Year: 2012-13 Karambir Singh, Vs ITO, Ward 4, Karnal #1B, Gali No. 4, Basant Vihar, Karnal, Haryana (PAN: AVSPS8080K) (APPELLANT) (RESPONDENT) PAN No. AQIPS1923N Assessee by : Sh. Gurjeet Singh, CA Revenue by : Sh. Sanjay Kumar, Sr. DR Date of Hearing: 21.04.2025 Date of Pronouncement: 21.04.2025 ORDER This assessee’s appeal for Assessment Year 2012-13, arises against the CIT(A)/NFAC, Delhi’s DIN & Order No. ITBA/NFAC/S/250-2024-25/1070209490(1) dated 08.11.2024, in…

SH. DARYAB ,MATHURA vs. ITO.-1(3)(1), MATHURA

Appeal is partly allowed

ITA 361/AGR/2019[2011-12]Status: DisposedITAT Agra13 Feb 2025AY 2011-12

Bench: : Shri Satbeer Singh Godara & Shri Manoj Kumar Aggarwalassessment Year: 2011-12

Section 143(3)

…arify that the assessee is having no business at all. The sole inference which would arise in the given facts is that the cash deposits herein prima facie form part of sale price of agricultural lands only in light of Smt. Malini Ramnath Rele vs. ITO (1994) 49 ITD 43(MUM) (TM) and decide the instant issue in assessee’s favour and against the department in principle. The fact however remains that the assessee has failed to reconcile his entire cash deposits vis-à-vis the on-money receipts. We thus hold that a lump sum addition of Rs.2,00,000/- only would be just and proper in the given facts. The assessee gets…

JATINDER PAL SINGH KANWAR,NEW DELHI vs. ITO,WARD-23(1), NEW DELHI

Appeal is partly allowed in above terms

ITA 482/DEL/2024[2003-04]Status: DisposedITAT Delhi03 Jan 2025AY 2003-04

Bench: Sh. Satbeer Singh Godara

For Appellant: Sh. Gurjeet Singh, CAFor Respondent: Sh. Sanjay Kumar, Sr. DR

Section 143(3)

SUDES DEVI,PANIPAT vs. ITO WARD 4, PANIPAT

Appeal is partly allowed

ITA 649/DEL/2024[2011-12]Status: DisposedITAT Delhi23 Dec 2024AY 2011-12

Bench: BEFORESHRI SATBEER SINGH GODARA (Judicial Member)

Section 147Section 148

…e latter component amounting to Rs.9.16 lakhs wherein the appellant appears to have admittedly claimed as lease money from 6 acres of agricultural land which is nowhere in dispute. 8. I, take into account totality of all these foregoing facts and quote (1994) 49 ITD 43 (Mum)(TM) Mrs. Malini R. Rele v/s ITO that although the assessee has not satisfactorily discharged her onus of proving source of impugned cash deposits amounting to Rs.45.01 lakhs, the fact also remains that at least significant or major portion of the impugned sum would indeed be covered under the head ‘on-money’, realized from sale of agricultura…

MAHESH CHAND SHARMA,HAPUR vs. ITO WARD 2(3)(4), HAPUR

Appeal is allowed in above terms

ITA 3835/DEL/2024[2012-13]Status: DisposedITAT Delhi13 Dec 2024AY 2012-13

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganeshita No. 3835/Del/2024 : Asstt. Year : 2012-13 Mahesh Chand Sharma, Vs Income Tax Officer, 2-1/896, New Shivpuri, Hapur, Ward-2(3)(4), Uttar Pradesh-245101 Hapur, U.P.-245101 (Appellant) (Respondent) Pan No. Aijps9843A Assessee By : None Revenue By : Sh. Akhilesh Kumar Yadav, Sr. Dr Date Of Hearing: 05.12.2024 Date Of Pronouncement: 13.12.2024 Order Per Satbeer Singh Godara: This Assessee’S Appeal For Assessment Year 2012-13, Arises Against The Cit(A)/Nfac, Delhi’S Din & Order No. Itba/Nfac/S/250/2024-25/1065874993(1) Dated 20.06.2024 In Proceedings U/S 144 Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: NoneFor Respondent: Sh. Akhilesh Kumar Yadav, Sr. DR

Section 144Section 148Section 69

…he only inference which could be drawn is that the assessee’s cash deposits are infact part of his own money derived from sale of his said plots along with his other family members which could not be treated as unexplained u/s 69 of the Act in light of (1994) 49 ITD 43 (Bombay) (TM) Mrs. Malini Ramnath Rele vs. ITO. We adopt the very analogy herein to delete the impugned addition. 6. This assessee’s appeal is allowed in above terms. Order Pronounced in the Open Court on 13/12/2024. (M. Balaganesh) (Satbeer Singh Godara) Accountant Member Judicial Member Dated: 13/12/2024 *Subodh Kumar, Sr. PS*…

MANOJ KUMAR SHARMA,GHAZIABAD vs. ITO WARD 1(4), GHAZIABAD

Appeal is partly allowed in above terms

ITA 86/DEL/2024[2012-13]Status: DisposedITAT Delhi12 Dec 2024AY 2012-13

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganeshita No. 86/Del/2024 : Asstt. Year : 2012-13 Manoj Kumar Sharma, Vs Income Tax Officer, H.No. B-212, Nandgram, Meerut Road, Ward-1(4), Ghaziabad, Uttar Pradesh-201002 Ghaziabad, U.P.-201003 (Appellant) (Respondent) Pan No. Bwdps7969C Assessee By : Ms. Sweety Kothari, Ca Revenue By : Sh. Akhilesh Kumar Yadav, Sr. Dr Date Of Hearing: 05.12.2024 Date Of Pronouncement: 12.12.2024 Order Per Satbeer Singh Godara: This Assessee’S Appeal For Assessment Year 2012-13, Arises Against The Cit(A)/Nfac, Delhi’S Din & Order No. Itba/Nfac/S/250/2023-24/1057661669(1) Dated 03.11.2023 In Proceedings U/S 147 R.W.S. 144 Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Ms. Sweety Kothari, CAFor Respondent: Sh. Akhilesh Kumar Yadav, Sr. DR

Section 147Section 148

…thereof as such an instance of cash deposits made in a single vendor’s hands could very well be a common practice in society. 7. The assessee’s latter substantive ground of Rs.13,15,000/- is concerned (supra), we quote Smt. Malini Ramnath Rele vs. ITO (1994) 49 ITD 43(MUM) (TM) to conclude that this amount’s source is very well attributable to his land transactions only. We thus accept the assessee’s instant third and fourth substantive ground in very terms. 7.1 No other ground or arguments has been pressed before us. 8. This assessee’s appeal is partly allowed in above terms. Order Pronounced in the Open Cour…

LAKHMI CHAND YADAV,FARIDABAD vs. ITO, WARD-1(4), FARIDABAD

In the result, the appeal filed by the revenue is dismissed and the substantial questions of law are answered against the revenue

ITA 516/DEL/2020[2011-12]Status: DisposedITAT Delhi03 Dec 2024AY 2011-12

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganeshita No. 516/Del/2020 : Asstt. Year : 2011-12 Lakhmi Chand Yadav, Vs Income Tax Officer, Village Mirzapur Hardet Haveli Ward-1(4), Mujehri, Faridabad, Haryana-121004 Faridabad-121001 (Appellant) (Respondent) Pan No. Aaepy4744P Assessee By : Sh. M. K. Gupta, Ca Revenue By : Sh. B. S. Anand, Sr. Dr Date Of Hearing: 25.11.2024 Date Of Pronouncement: 03.12.2024 Order Per Satbeer Singh Godara: This Assessee’S Appeal For Assessment Year 2011-12, Arises Against The Order Of Cit(A), Faridabad Dated 28.11.2019 In Case No. 10339/2018-19 In Proceedings U/S 143(3)/147 Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. M. K. Gupta, CAFor Respondent: Sh. B. S. Anand, Sr. Dr

Section 133ASection 143Section 143(3)Section 147Section 148Section 260A

…ansferred the relevant capital asset(s) giving rise to assessment of long term capital gains (supra). The necessary inference is that the assessee’s said cash deposit in fact represents his on-money involving the twin sale deeds and therefore, we quote (1994) 49 ITD 43 (Bom.) Mrs. Malini Ramnath Rele Vs. ITO to hold that this amount has to be taken as explained. We thus accept the assessee’s first and foremost ground challenging undisclosed sources income addition of Rs.2,00,000/- in these facts and circumstances. 6. Now comes equally important question of the validity of the impugned reopening itself once the l…

BIRENDER YADAV S/O RAM NARAYAN YADAV,GURGAON vs. ITO, WARD- 2(3), GURGAON

Appeal is allowed in above terms

ITA 4124/DEL/2017[2011-12]Status: DisposedITAT Delhi27 Nov 2024AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri M. Balaganeshassessment Year: 2011-12 Birender Yadav, S/O-Ram Vs. Ito, Narayan Yadav, Ward-2(3), 207-208, Deep Plaza, Gurgaon Near Civil Court, Gurgaon-122001 Pan: Abypy4175F (Appellant) (Respondent) Assessee By None Department By Sh. Poojan Rana, Sr. Dr

Section 2(47)Section 54Section 54BSection 68

…year 2011-12 i.e. on 29.08.2011 after receiving the entire sale price in FY 2010-11 (supra) and the impugned cash deposit dated 23.02.2011 prima facie represents on money consideration only as per Mrs. Malini Ramnath Rele vs Third Income-Tax Officer on [1994] 49 ITD 43 (TM) (MUM). We further reiterate the fact that involvement of such a huge cash component in assessee land; falling in municipal limits of Gurugram (supra), could not be ruled out. The impugned latter addition of Rs. 1,94,98,400/- is deleted going by the very analogy. 9. This assessee’s appeal is allowed in above terms. Order pronounced in the open…

JAMAL MOHAMED ABDUL SATHAR,KALLAMBALAM vs. DCIT, INTERNATIONAL TAXATIION, TRIVANDRUM

In the result, the assessee’s appeal

ITA 21/COCH/2024[2016-2017]Status: DisposedITAT Cochin07 Nov 2024AY 2016-2017

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Sri.S.Rajeev, AdvocateFor Respondent: Smt.V.Swarnalatha, Sr.DR

Section 143(3)Section 2(14)Section 69A

…ssee has indeed transferred its capital asset in the previous year, and therefore, the only reasonable inference that could be drawn is that the addition amount herein prima facie formed on-money in cash component over and above stamp price in light of [1994] 49 ITD 43 (Bom.) (TM) Mrs. Malini R Rele vs. ITO. The fact also remains that the assessee has not been able to explain that the entire cash sum formed her on-money only. We thus deem it appropriate that a lump sum relief of Rs.8 lakhs out of Rs.21.85 lakhs in issue would be just and proper in these peculiar circumstances. The impugned addition is confirmed t…

MOTIRAM KISAN KAHANDAL,GIRNARE NASHIK vs. CIT APPEAL, NASHIK

Appeal is partly allowed in above

ITA 291/PUN/2024[2012-13]Status: DisposedITAT Pune16 May 2024AY 2012-13

Bench: Shri Satbeer Singh Godara

For Appellant: Shri B D KhairnarFor Respondent: Shri Manish Mehta

Section 147Section 68

…91/PUN./2024 deposits in M/s. UCO Bank had been made between the period from 29.06.2011 to 30.10.2011 thereby giving rise to presumption that the same prima facie formed part of the sale consideration received in cash as per Mrs. Malini Rele vs. ITO [1994] 49 ITD 43 (Mum.) (TM). The fact also remains that the assessee has not provided all the relevant details in support of his stand adopted throughout so as to get the impugned claim accepted in entirety. Faced with this situation, it is deemed appropriate that a lump sum addition of Rs.2 lakhs only out of Rs.17,80,305/- would be just and proper with a rider…

SHRI PARAG MOHATA,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-1(3)(4),, AHMEDABAD

Appeal is dismissed

ITA 3198/AHD/2015[2012-13]Status: DisposedITAT Ahmedabad05 Jan 2018AY 2012-13

Bench: Shri N. K. Billaiya & Shri S. S. Godara. Shri Parag Mohata 711, Golden Triangle, Stadium Road, Navjivan, Ahmedabad 380014 Appellant Vs. Ito, Ward – 1(3)(4), Ahmedabad Respondent Pan: Aazpm1736A आवेदक क" ओर से / By Assessee : Shri Parin Shah, A.R. राज"व क" ओर से / By Revenue : Shri Antony Pariath, Sr. D.R. सुनवाई क" तार"ख/Date Of Hearing : 14.11.2017 घोषणा क" तार"ख/Date Of Pronouncement : 05.01.2018 Order Per S. S. Godara

For Appellant: Shri Parin Shah, A.RFor Respondent: Shri Antony Pariath, Sr. D.R

Section 143(3)Section 69C

…ssessee as well (supra). We find no substance in either of the two conditions. It is come on record that the impugned remaining addition is based on seized record during search. We quote this tribunal’s Third Member decision in Mrs. Malini Rele vs. ITO (1994) 49 ITD 43 (Ahd) that such an inference of on money is based on preponderance of probability. We repeat that the impugned addition is based on the above evidence found during search. We are not convinced with cross examination plea as well as remitting the issue back to the Assessing Officer for such an opportunity would mean that the entire issue has to be r…