SHRI NIRMAL SHARAD MUTHA,AHMEDNAGAR vs. ACIT CIRCLE, AHMEDNAGAR
In the result, appeal of the assessee is allowed for statistical purpose
ITA 2199/PUN/2024[2008-09]Status: DisposedITAT Pune20 Dec 2024AY 2008-09
Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकरअपऩलसं. / Ita No.2199/Pun/2024 निर्धारणवषा / Assessment Year:2008-09 Shri Nirmal Sharad Mutha, V The Assistant Plot No.83, Manik Nagar, S Commissioner Of Income Nagar – Pune Road, Tax, Ahmednagar Circle, Ahmednagar – 414001. Ahmednagar. Pan: Afvpm3572R Appellant/ Assessee Respondent / Revenue Assessee By Shri Prasad Bhandari &Ms.Payal Rathi – Ar’S Revenue By Shri Manoj Tripathi - Dr Date Of Hearing 12/12/2024 Date Of Pronouncement 20/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-2, Pune For Assessment Year 2008-09 Dated 03.03.2020 Passed U/Sec.143(3) R.W.S 147 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & In The Prevailing Circumstances Of The Case, The Learned Cit(A)-2. Pune Erred In Confirming The Addition Wrongly Made By The Ld. Assessing Officer To The Extent Of Rs.25.00.00 Towards Unexplained Cash Credit Under Section 68 Of The Act Inspite Of The Fact That All The Necessary Conditions Prescribed Under Section 68 Are Fulfilled. Therefore, Addition Confirmed Of Rs.25,00,000 May Please Be Deleted. 2. On The Facts & In The Prevailing Circumstances Of The Case, The Learned Cit(A)-2, Pune Erred In Confirming The Addition Wrongly Made By The Ld. Assessing Officer To The Extent Of Rs.25,00,00 Towards Unexplained Cash Credit Under Section 68 Of The Act Without Appreciating The Submission Made By The Assessee. Therefore, Addition Confirmed Of Rs.25,00,000 May Please Be Deleted. 3. The Appellate Craves The Permission To Add, Amend, Modify, Alter, Revise, Substitute, Delete Any Or All Grounds Of The Appeal, If Deemed Necessary At The Time Of Hearing Of The Appeal.”
Section 132Section 143(3)Section 148Section 68
section 132 of the Income Tax Act in the case of Bhanwarlal Jain group.
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4.2 It is observed that the Assessee has filed additional evidence, in the form of Retraction affidavit of Mr.Jain and repayment ledger. Ld.AR filed copy of medical certificate to prove that the assessee was ill for a long period. Since the additional evidence has bearing
