Case Law Details
Ms Inderpuri Express Couriers Pvt Ltd Vs DCIT (ITAT Mumbai)
The AO has made protective addition in the hands of the assessee towards estimated commission income derived from hawala transactions on the ground that certain incriminating materials were found in the premises of the assessee and further, one of the employees has stated that the company is involved in hawala transactions. It is also an admitted fact that substantive addition made in the hands of Shri Vishal Kalantri has attained finality in view of the order of ITAT, where the addition made by the AO has been examined in the light of incriminating material found during the course of search. Once, the substantive addition has been considered by the appellate authorities in the hands of Shri Vishal Kalantri, the protective addition made towards commission income in the hands of the assessee could not be sustained.
FULL TEXT OF THE ITAT JUDGMENT
This bunch of seven appeals filed by the revenue are directed against the common order passed by the Commissioner of Income-tax (Appeals)-48, Mumbai dated 29-07-2016 for the assessment years 2007-08 to 2013-14. Since facts are identical and issues are common, for the sake of convenience, these appeals were heard together and are disposed of by this common order.
2. The revenue has taken up more or less common grounds of appeal for all assessment years. For the sake of brevity, ground of appeal raised for AY 2007-08 in ITA No.6072/Mum/2016 are extracted below:-
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