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2023 Supreme(Jhk) 568

RONGON MUKHOPADHYAY, DEEPAK ROSHAN
Principal Commissioner of Income Tax, Ranchi – Appellant
Versus
Manoj Kapoor – Respondent


Advocates:
Advocate Appeared:
For the Appellants : R.N. Sahay, Rahul Lamba, Anurag Vijay.
For the Respondent: Ajay Poddar.

JUDGMENT :

DEEPAK ROSHAN, J.

1. The instant appeal is directed against the judgment dated 22.05.2019, passed by the learned Income Tax Appellate Tribunal (herein after referred as ITAT), SMC Bench, Ranchi in ITA No. 86/Ran/19 preferred by the assessee-respondent; wherein the learned ITAT allowed the appeal of the assessee and reverse the order of CIT appeal who has sustained the addition of income and chargeability of interest passed by the Assessing Officer.

2. Brief fact of the case is that the Assessee is an individual and deriving income from trading of spare-parts of motorcar and mobile phones and filed its return of income declaring total income at Rs. 6,61,080/- electronically on 17.09.2015. The case of the Assessee was selected for scrutiny assessment. In response to notices, the Assessee appeared and produced all books of accounts, papers and documents. In course of assessment proceedings, the Assessee voluntarily surrendered the LTCG for taxation. But the A.O. added the entire receipt from sale of shares amounting to Rs. 10,45,266/- including the cost price/investment made by the Assessee amounting to Rs. 5,40,000/- as unexplained investment u/s 69 of the Act vide its order

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