2023 (10) TMI 83

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....x Act, 1961, in short "the Act", respectively. Heard both the parties. Case files perused. 2. The former assessee herein M/s. Mittal Projects is ITA No.518/PUN/2022 raises the following substantive grounds: The following grounds are taken without prejudice to each other - On facts and in law, 1. The order of the Commissioner of Income-tax (Appeals) is contrary to law and to the facts and circumstances of the case. 2. The learned Commissioner of Income-tax (Appeals) grossly erred in upholding the addition made by Assessing Officer, DCIT, Central Circle 2(2), Pune to the extent of Rs.3,00,000/- towards the alleged on-money receipts. Tax Effect; Rs. 1,04,832/- (Tax 30% + SC 12% + Cess 4%) 3. T....

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....The following grounds are taken without prejudice to each other - On facts and in law, 1. The order of the Commissioner of Income-tax (Appeals) is contrary to law and to the facts and circumstances of the case. 2. The learned Commissioner of Income-tax (Appeals) grossly erred in upholding the addition made by AO to the extent of Rs.7,53,000/- towards the alleged on-money receipts. The DCIT, Central Circle 2(2), Pune made total additions of Rs. 12,53,000/- while passing order u/s 143(3) of the Act towards the alleged on-money receipts comprising in 4 cases. The Ld. Commissioner of Income-tax (Appeals) considered only one case involving Rs. 5,00,000/- in favour of Assessee and confirmed the remaining 3 comprising to....

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....essees propose their identical substantive grounds that the learned lower authorities have erred in law and on facts in adding the alleged on-money receipts of Rs. 3 lakhs in former and Rs. 7,53,000/- in the latter taxpayer's case, respectively. Learned counsel vehemently argued in light of assessee's pleadings that the impugned on-money additions deserves to be deleted since not substantiated by way of any cogent evidence in the lower proceedings. 5. The Revenue has placed strong reliance on the learned CIT(A)"s action upholding the impugned additions in both these cases. 6. It is in this view of the rival pleadings that we proceed to deal with the relevant facts in both these cases. There is hardly any dispute that the department ha....

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..... We, however, note that the exception herein is the assessee's "whatsapp" chats seized from its authorized staff accounts which have been nowhere disputed. And also that the said chats as well as learned lower authorities duly corroborates the fact that the corresponding heads therein in lieu of on-money payment is allotment of parking space only. We, thus, invoke the statute presumption u/s 292C in the facts and circumstances to confirm the impugned on-money addition of Rs. 3 lakhs in very terms. This former assessee's appeal ITA No.518/PUN/2022 fails therefore. 8. This leaves us with the latter assessee M/s. Jindal Mittal Griha Nirman Pvt. Ltd.'s appeal ITA No.519/PUN/2022 raising its sole substantive ground seeking to delete the on-m....