TaxTMI 
TaxTMI 
2026 (1) TMI 1615
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....2021-22, date of order 13.09.2025. The impugned order emanated from the order of the ld. Deputy Commissioner of Income Tax, C.C.-4(2) Mumbai (for brevity the "Id. AO") order passed under section 143(3) r.w.s. 153C of the Act. 2. The brief facts of the case are that the assessee filed the return by declaring total income amount to Rs. 7,97,970/-. Further search and seizure action under section 132 was carried out on 17.03.2021 at "Rubberwala Group" and others. During the search action, the search party covered that the assessee purchased shop in "Platinum Mall building, Girgaon Mumbai" and amount of Rs. 5,00,000/- was paid in cash on acquisition of property. It was also found that the cash was paid during the assessment year 2021-22 amoun....
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.... "To, Kulsum Aaqib Memon, 1201 Park View, 25 Mehraj Sethi Marg Agripada, Mumbai - 400 008 PAN: CBYPM9748Q Dear Madam, Sub: - Clarification letter Ref: - Your Letter dated 31/01/2024 With reference to your letter dated 31/01/2024 regarding clarification of Shops/ Office Units purchased, we would like to clarify and confirm as under: We could like to confirm that no Shops / office units have been sold to you within the period AY 2015-16 to AY 2021-22. Further we would like to state that no payments have ever been received from you during the said period. You have purchased Shops No. 204 & 215 on second floor vide agreement dated 14/07/2022 i.e in the ....
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....pra vs. DCIT, ITA No. 5553 and 5555/Mum/2025 date of pronouncement dated 12.11.2025. The relevant findings contained in pages 13 and 14 of the said order are reproduced hereunder. "18. From the records we also noticed that no statement was provided to the assessee, and none of the persons, whose statements were relied upon were produced for cross- examination. Even the extract of the statement mentioned in the assessment order does not indicate the name of the assessee. 19. Apart, the AO during the course of assessment also failed to provide the opportunity to cross examine of the witnesses, whose statements were relied upon by the revenue which resulted in 'breach of principles of natural justice'. In this regard,....
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....ssessee was bound to be provided with the material used against him apart from being permitting him to cross examine the deponents whose statements were relied upon by him. Despite the request seeking an opportunity to cross examine the deponents and furnish the assessee with copies of statements and disclose material, these were denied to him.22. Taking into consideration the entire facts and circumstances and legal prepositions as discussed by us above, we direct the AO to delete the addition, consequently these grounds raised by the assessee are allowed. ITA No. 4743 & 4744/Mum/2025, A.Y 2018-19 & 2020-21 23. As the facts and circumstances in these appeals are identical to ITA No. 4742/Mum/2025 for the A.Y 2017-18 (exce....
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....22 5,00,000 Total 5,00,000 8. In response to the above show cause notice the assessee submits that she had not paid any cash to the said builder/developer. 9. The submission filed by the assessee is considered but not found to be acceptable on the following grounds: 9.1 As already discussed in detail above, Shri Imran Ansari a key employee of Rubberwala group, who was handling sale & registration of shops in "Platinum Mall" accepted that he had maintained the excel sheet in which details of every person who paid cash in respect to purchase of cash was mentioned. 9.2 Further, the promoter and Director of RHIL Group-Shri Tabrez Shaikh accepted to take cash from individual for sale of Shop in Platin....