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2024 Supreme(Online)(ITAT) 3872

INCOME TAX APPELLATE TRIBUNAL (MUMBAI BENCH)
SHRI AMIT SHUKLA, J, SHRI GIRISH AGRAWAL, ACJ
Revenue – Appellant
Versus
Jayant Hiralal Shah – Respondent


Advocates:
For the Appellants/Petitioners: Shri Sanjay Kapadia
For the Respondents: Ms. Rajeshwari Menon

Table of Content
1. assessment details and challenges (Para 1 , 2)
2. arguments regarding evidence (Para 3 , 4)
3. conclusion drawn from legal observations (Para 10 , 11)

आदेश/ORDER

PER AMIT SHUKLA (J.M):

The aforesaid appeal has been filed by the Revenue against order dated 27/03/2024 passed by ld. CIT(A)-54, Mumbai for the quantum of assessment passed u/s.143(3) for the A.Y.2021-22.

2. In the grounds of appeal Revenue has challenged the deletion of addition of Rs.80,00,000/- made u/s.69C on account of alleged cash payment made by assessee to Shri Shailendra Rathi.

3. The facts in brief are that assessee filed his return of income on 15/03/2022 declaring total income of Rs.4,37,06,390/-. A search and seizure action u/s.132 was conducted in case of some middle men / business men group on 23/09/2021 in which assessee was also covered u/s.132. Accordingly, the assessee’s case was selected for compulsory scrutiny and notice u/s. 143(2) was issued on 29/06/2022. Ld. AO noted that in the course of search proceedings at the residence of Shri Shailendra Rathi at Flat no. 203, Building No B-3, Kumar Parisar, Near Mahesh Vidyalaya, New DP Road, Kothrud Pune 411038, certain incriminating evidences w

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