ITO -33 (1) (1) , MUMBAI vs. SHRI KALPESH C.SHAH, MUMBAI

In the result, all the three appeals of the In the result, all the three appeals of the Revenue are In the result, all the three appeals of the dismissed

Bench: Shri Om Prakash Kant () & Ms Kavitha Rajagopal () Assessment Year: 2010-11 & Assessment Year: 2011-12 & Assessment Year: 2012-13 Ito-33(1)(1), Shri Kalpesh C. Shah, Kautilya Bhavan, 9Th Floor, Room Flat No. 904, Rajvaibhav Tower- No. 945, Bandra Kurla Complex, Vs. 2, Dahanukar Wadi, Mahavir Bandra (E), Nagar, Kandiwali(W), Mumbai-400051. Mumbai-400067. Pan No. Aajps 8486 R Appellant Respondent Revenue By : Mrs. Usha Gaikwad, Dr Assessee By : Mr. K. Gopal, Sr. Adv. & A/W Om Kandalkar, Adv. Date Of Hearing : 21/09/2022 Date Of Pronouncement : 28/09/2022

disallowance based solely relying on the statement of third person recorded in the course of relying on the statement of third person recorded in the course of relying on the statement of third person recorded in the course of the search, without there being any independent the search, without there being any independent the search, without there being any independent

SHIV SHANKAR SHARMA,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(3), MUMBAI, MUMBAI

In the result, all the appeals filed by the revenue are dismissed and the assessee’s appeals are partly allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

disallowing the expenses pertaining to other labour contractors, who are not part of the five individuals specifically mentioned in the statement of Shri Jiten Pujari. 31.3. Accordingly, we find no infirmity in the order of the ld. CIT(A) in granting relief to the assessee with respect to the balance labour expenses, and we uphold the said findings. The ground

DCIT CENTRAL CIRCLE-8(1), MUMBAI, MUMBAI vs. SHIVSHANKAR RAMSWAROOP SHARMA, MUMBAI

In the result, all the appeals filed by the revenue are dismissed and the assessee’s appeals are partly allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

disallowing the expenses pertaining to other labour contractors, who are not part of the five individuals specifically mentioned in the statement of Shri Jiten Pujari. 31.3. Accordingly, we find no infirmity in the order of the ld. CIT(A) in granting relief to the assessee with respect to the balance labour expenses, and we uphold the said findings. The ground

SHIV SHANKAR SHARMA,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(3), MUMBAI, MUMBAI

In the result, all the appeals filed by the revenue are dismissed and the assessee’s appeals are partly allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

disallowing the expenses pertaining to other labour contractors, who are not part of the five individuals specifically mentioned in the statement of Shri Jiten Pujari. 31.3. Accordingly, we find no infirmity in the order of the ld. CIT(A) in granting relief to the assessee with respect to the balance labour expenses, and we uphold the said findings. The ground

DCIT, CENTRAL CIRCLE-8(1), MUMBAI, MUMBAI vs. SHIV SHANKAR SHARMA, MUMBAI

In the result, all the appeals filed by the revenue are dismissed and the assessee’s appeals are partly allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

disallowing the expenses pertaining to other labour contractors, who are not part of the five individuals specifically mentioned in the statement of Shri Jiten Pujari. 31.3. Accordingly, we find no infirmity in the order of the ld. CIT(A) in granting relief to the assessee with respect to the balance labour expenses, and we uphold the said findings. The ground

SHRI SHIV SHANKAR SHARMA,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(3), MUMBAI, MUMBAI

In the result, all the appeals filed by the revenue are dismissed and the assessee’s appeals are partly allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

disallowing the expenses pertaining to other labour contractors, who are not part of the five individuals specifically mentioned in the statement of Shri Jiten Pujari. 31.3. Accordingly, we find no infirmity in the order of the ld. CIT(A) in granting relief to the assessee with respect to the balance labour expenses, and we uphold the said findings. The ground

DCIT, CENTRAL CIRCLE - 8 (1), MUMBAI, MUMBAI vs. SHIV SHANKAR SHARMA, MUMBAI

In the result, all the appeals filed by the revenue are dismissed and the assessee’s appeals are partly allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

disallowing the expenses pertaining to other labour contractors, who are not part of the five individuals specifically mentioned in the statement of Shri Jiten Pujari. 31.3. Accordingly, we find no infirmity in the order of the ld. CIT(A) in granting relief to the assessee with respect to the balance labour expenses, and we uphold the said findings. The ground

DCIT, CENTRAL CIRCLE-8(1), MUMBAI, MUMBAI vs. SHIVSHANKAR RAMSWAROOP SHARMA, MUMBAI

disallowances of expenses and additions for unsecured loans and cash credits.", "result": "Partly Allowed", "sections": [ "132", "132(4)", "143(3)", "147", "153A", "153A(1)", "65B", "153A(1)(b)", "68", "37(1)", "292C

SHRI SHIV SHANKAR SHARMA ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(3), MUMBAI, MUMBAI

disallowing the expenses\npertaining to other labour contractors, who are not part of the\nfive individuals specifically mentioned in the statement of Shri\nJiten Pujari.\n31. 3. Accordingly, we find no infirmity in the order of the ld.\nCIT(A) in granting relief to the assessee with respect to the\nbalance labour expenses, and we uphold the said findings

SHRI SHIV SHANKAR SHARMA ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(3), MUMBAI, MUMBAI

disallowance of expenses was upheld.", "result": "Partly Allowed", "sections": [ "132", "132(4)", "143(3)", "147", "153A", "65B", "153A(1)", "68", "69C", "37(1)", "115BBE", "69A", "292C

SHRI SHIV SHANKAR SHARMA ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(3), MUMBAI, MUMBAI

disallowed. To\nsupport the contention AR filed copies of seized documents\nshowing cash payment to labours and these five employees,\nwhich are as under:\nITA No.2681/Mum/2025 and others\nShri Shiv Shankar Sharma\n31", "summary": { "facts": "A search was conducted on the Triton Group, including the assessee, revealing diaries with cash transactions. The assessee claimed these were personal jottings

SHIV SHANKAR SHARMA,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(3), MUMBAI, MUMBAI

disallowed. To\nsupport the contention AR filed copies of seized documents\nshowing cash payment to labours and these five employees, which\nare as under:\n==End of OCR Missing==", "summary": { "facts": "A search was conducted on the Triton Group, involving the assessee. During the search, diaries and other documents were seized, which the Assessing Officer (AO) used as a basis

SHIV SHANKAR SHARMA,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 4(3), MUMBAI, MUMBAI

disallowed. To\nsupport the contention AR filed copies of seized documents\nshowing cash payment to labours and these five employees, which\nare as under:\n==End of OCR Missing==", "summary": { "facts": "A search was conducted on the Triton Group, involving the assessee. During the search, diaries and other documents were seized, which the Assessing Officer (AO) used as a basis

DCIT, CENTRAL CIRCLE-8(1), MUMBAI, MUMBAI vs. SHIV SHANKAR SHARMA, MUMBAI

Accordingly, the\naddition of Rs.1,34,64,988 made under section 68 is directed to\nbe deleted and the order of the CIT(A) is confirmed. The ground\nraised by the Revenue is dismissed

Disallowance made u/s.37(1) of the Income Tax Act, 1961\nin case of Piece rate workers (PRW)\n26. During the course of search, signed cheque books of the\nparty who raise invoice for the PRW expenses to the assessee.\nFurther in the statement, Jiten Pujari & assessee admitted as\nunder:\n\n", "summary": { "facts": "A search was conducted on the Triton

DCIT, CENTRAL CIRCLE-8(1), MUMBAI, MUMBAI vs. SHIV SHANKAR SHARMA, MUMBAI

Accordingly, the\naddition of Rs.1,34,64,988 made under section 68 is directed to\nbe deleted and the order of the CIT(A) is confirmed. The ground\nraised by the Revenue is dismissed

Disallowance made u/s.37(1) of the Income Tax Act, 1961\nin case of Piece rate workers (PRW)\n26. During the course of search, signed cheque books of the\nparty who raise invoice for the PRW expenses to the assessee.\nFurther in the statement, Jiten Pujari & assessee admitted as\nunder:\n\n", "summary": { "facts": "A search was conducted on the Triton

DCIT, CENTRAL CIRCLE-8(1), MUMBAI, MUMBAI vs. SHIV SHANKAR SHARMA, MUMBAI

Accordingly, the\naddition of Rs.1,34,64,988 made under section 68 is directed to\nbe deleted and the order of the CIT(A) is confirmed. The ground\nraised by the Revenue is dismissed

Disallowance made u/s.37(1) of the Income Tax Act, 1961\nin case of Piece rate workers (PRW)\n26. During the course of search, signed cheque books of the\nparty who raise invoice for the PRW expenses to the assessee.\nFurther in the statement, Jiten Pujari & assessee admitted as\nunder:\n\n", "summary": { "facts": "A search was conducted on the Triton

DCIT, CENTRAL CIRCLE-8(1), MUMBAI, MUMBAI vs. SHIV SHANKAR SHARMA, MUMBAI

Accordingly, the\naddition of Rs.1,34,64,988 made under section 68 is directed to\nbe deleted and the order of the CIT(A) is confirmed. The ground\nraised by the Revenue is dismissed

Disallowance made u/s.37(1) of the Income Tax Act, 1961\nin case of Piece rate workers (PRW)\n26. During the course of search, signed cheque books of the\nparty who raise invoice for the PRW expenses to the assessee.\nFurther in the statement, Jiten Pujari & assessee admitted as\nunder:\n\n", "summary": { "facts": "A search was conducted on the Triton

SHIV SHANKAR SHARMA,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 4(3), MUMBAI, MUMBAI

disallowed. To\nsupport the contention AR filed copies of seized documents\nshowing cash payment to labours and these five employees, which\nare as under:\n", "summary": { "facts": "A search was conducted on the Triton Group, including the assessee, leading to the discovery of diaries containing financial records. The Assessing Officer (AO) made additions based on these diaries, treating them