Sonu Dusad Vs DCIT (ITAT Jaipur)
ITAT Jaipur held that assessment under section 153C of the Income Tax Act stands quashed due to lack of jurisdiction since there was no transfer of the case of the assessee from Delhi to Jaipur.
Facts- Post search operation, AO determined on-money payment of Rs. 1,42,50,000/-. AO while making the addition noted that the amount paid through banking channel was also found verifiable from the bank entries dated 30.05.2023, 25.05.2014, 30.11.20.5 12.04.2017 & 30.06.2017. Hence, he inferred that the data recovered from the whatsapp chats during the search cannot be doubted, as this is having details of both cash and cheque payments and if the cheque entries are verifiable then the other component of ‘cash’ in the whatsapp chats is also established. These evidences clearly show that significant part of the total consideration is being paid in cash. Hence, this can be inferred that the data recovered from the whatsapp chats/images during the search cannot be doubted, as this is having details of cash payments. These evidences clearly established that significant part of the total consideration is being paid in cash. Thus, it can be concluded that the assessee paid Rs 78,63,150/- in cash over and above the transaction made through banking channel. Therefore, the cash payment of Rs 78,63,150/- is being treated as undisclosed investment u/s 69 of the Act and to be taxed as per the provision of section 115BBE of the Act and added to the total income of the assessee.
