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Third-Party iPhone Notes Not Enough: ITAT Mumbai Deletes ₹2 Cr Addition

Case Law Details

TaxGuru Citation
2025 taxguru.in 12798
Case Name
ACIT Vs Jayesh Umakant Manania (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2012-13
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ACIT Vs Jayesh Umakant Manania (ITAT Mumbai)

₹2 Cr Cash Addition Crumbles: Third-Party iPhone Notes, No Corroboration, No 65B—ITAT Mumbai Upholds Deletion

In a reassessment framed u/s 147 r.w.s. 143(3), AO made addition of ₹2,00,00,000/- u/s 69A alleging unexplained cash paid for booking flats in “Vivaria”, solely on the basis of images/loose notings extracted from the iPhone of a third party (Shri Pankaj Goshar) during search/survey in connected cases. Assessee consistently denied any cash payment, stated no flat was booked in AY 2012-13, pointed out that all later transactions were through banking channels, &  emphasized that the seized electronic material neither belonged to nor was authored by him. The alleged recipients (Shri Pankaj Goshar & Shri Ajay Vishrani) categorically denied receipt of any cash; cross-examination reinforced the denial.

CIT(A) held reopening valid but deleted the addition on merits, noting absence of primary evidence, lack of corroboration such as cash withdrawals/flow of funds/agreements, denial by alleged payees, non-compliance with s.65B of the Evidence Act for electronic evidence, &  parity with coordinate bench decisions where identical material was treated as “dumb documents”. ITAT Mumbai upheld the deletion, observing that third-party loose sheets/electronic images without linkage to Assessee cannot sustain an addition; denial by alleged payees materially weakens the Revenue’s case; duplication of the same alleged cash in the hands of Assessee’s brother further vitiates fairness; &  consistency requires following earlier coordinate bench rulings deleting identical additions. Revenue’s appeal was dismissed.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,019

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