TaxTMI 
TaxTMI 
2026 (6) TMI 474
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....der illegal and without jurisdiction. 2. On the facts and circumstances of the Appellant's case and in law the Ld. CIT(A) had erred in confirming the action of the Id. A.O. in making the addition in the absence of any incriminating material found during the course of search action, as per the grounds contained in the assessment order or otherwise. 3. On the facts and circumstances of the Appellant's case and in law the Ld. CIT(A) had erred in confirming the action of the Id. A.O. in merely relying on the statement of Shri. Tabrez Shaikh, without any cogent evidence on record, for the reasons mentioned in the impugned order or otherwise. 4. On the facts and circumstances of the Appellant's case and in law the Ld. CIT(A) had erred in confirming the action of the ld. A.O. in holding that the appellant has paid cash in the form of on-money on purchase of immovable property, for the reasons mentioned in the impugned order or otherwise. 5. On the facts and circumstances of the Appellant's case and in law the Ld. CIT(A) had erred in confirming the action of the Id. A.O. in making an addition of Rs. 64,00,000/- being cash paid on purchase....
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....8-19 & AY 2019-20) AND Dinesh Megharam Choudhary VS DCIT Central Circle 4(2), ITA No 6480, 6479 & 6478/MUM/2025 (AY 2017-18, 2018-19 & 2019-20) order pronounced on 24th December 2025 8. Before Hon'ble ITAT Mumbai "A" bench in case of Arvind K Purohit VS DCIT Central Circle 4(2), ITA No 4747 & 4746/MUM/2025 order pronounced on 20th January 2026 (AY 2017-18, 2018-19) 9. Before Hon'ble ITAT Mumbai "B" bench in case of Bharat H Purohit VS DCIT Central Circle 4(1), ITA No 5831 & 5832/MUM/2025 order pronounced on 19th January 2026 (AY 2017-18, 2018-19) 10. Before Hon'ble ITAT Mumbai "B" bench in case of Bhavesh H Solanki VS DCIT Central Circle 4(2), ITA No 7460-7462/MUM/2025 order pronounced on 20th January 2026 (AY 2017-18, 2018-19 & 2019-20) 11. Before Hon'ble ITAT Mumbai "B" bench in case of Bipin F Jain VS DCIT Central Circle 4(2), ITA No 7021, 7023 & 7022/MUM/2025 order pronounced on 19th January 2026 (AY 2017-18, 2018-19 & 2019-20) 12. Before Hon'ble ITAT Mumbai "F" bench in case of Jayantilal Purohit VS DCIT Central Circle 4(2), ITA No 5682-5684/MUM/2025 order pronounced on 30th December 2025 (AY 2017-18, 2018-19 & 2019-20) 13. ....
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....guments for both the parties and have also perused the material placed on record, judgements cited before me and the orders passed by the revenue authorities. From the records, we noticed that the assessment was completed u/s 153C on account of the fact that a search and seizure action was conducted on 17.03.2021 on Rubberwala group. In search action, premises of M/s. Rubberwala Housing & Infrastructure Ltd (RHIL), its promoter and director-Shri Tabrez Shaikh, and a key employee of Rubberwala group Shri Imran Ansari, who was handling sale & registration of shops in "Platinum Mall" project of RHIL were covered. Among others, statement of these persons were recorded on oath on various dates during the course of search as well as post search proceedings. The employee of Rubberwala group confirmed that the cash has been collected from the respective buyers of the shops. However, on the other hand, the assessee denied payment of cash. We noticed that during the search a pen drive with the details of cash transactions with respect to Rubberwala group was found, which was confirmed through statement of Shri Imran Ansari recorded U/s 132(4) of the Act and on this basis, 153C order was fram....
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....ided by Shri Tabrez Shaikh, are communicated to him orally. He also revealed in response to Q. no. 17 of the said statement that data related to shops is maintained by him in excel sheets. Corroborating to the fact that data is being maintained by Shri Imran Ansari in excel sheet, during search proceedings at the residence of Shri Imran Ansari, a 16GB Pen drive was retrieved from his possession. The said pen drive is accepted by Shri Imran Ansari belonging to him and he also accepted that this pen drive is containing data maintained for the sale of shops in Platinum Mall. Shri Imran Ansari explained that this data is prepared by him. Shri Imran Ansari's this acceptance also corroborates with the fact that the said data was retrieved from the residential premises of Shri Imran Ansari and not from any office of Rubberwala Group. 5.4. It was ascertained that the data is being maintained by Shri Imran Ansari in an excel file namely "consolidated 1 2 3 balance". In the said file sheets with different name viz "Master", "Payment" and "Cheque" etc. are found to be maintained. It is also found out that in respect of the sale of shops in the said project, comprehensive data is ....
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.... that for the cash payment part, for all the above mentioned 27 shops, Shri Imran Ansari used to follow up with Shri Rajesh Jain/assessee only....." 10. We also noticed that the decision of the Coordinate Bench of ITAT in the case of Rajesh Jain in ITA No. 38428 3841 & ITA No. 3954,3952,3951 and 3950/Mum/2023 on the identical facts is reproduced herein below: 12. The appeal filed by the revenue for AY 2020-21 is with regard to the relief granted by Ld CIT(A) holding that the cash payments relating to the shops purchased by others cannot be assessed in the hands of the assessee. The decision rendered by us in AY 2018-19 and 2019-20 on an identical issue on merits in the earlier paragraphs would apply in this year also. Following the same, we affirm the order passed by Ld CIT(A) on this issue. 13. In the appeal filed by the assessee, the addition of alleged cash payment of Rs. 18,64,200/- in respect of purchase of shop confirmed by Ld CIT(A) is being assailed. 14. We noticed earlier that the assessee had purchased a shop in the commercial premises developed by Rubberwala group. During the course of search conducted in their hands, Incriminating doc....