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Case Law Details

Case Name : Kalpesh Mafatlal Patel Vs DCIT (ITAT Surat)
Appeal Number : ITA Nos. 48 & 49/SRT/2017
Date of Judgement/Order : 19/12/2022
Related Assessment Year : 2011-12 & 2012-13
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Kalpesh Mafatlal Patel Vs DCIT (ITAT Surat)

ITAT Surat held that addition on the basis of un-signed/un-stamped Satakhat, which has not been registered and which is found from CD of computer of person, unsustainable.

Facts-

AO during the course of survey proceedings u/s. 133A at the office premises of Turmish B. Kania, Advocate and Meera T. Kania, at A Sai Leela Associates, certain documents of incriminating nature were recovered from the office. It includes backup hard disc of computers installed in the office. On perusal of working copy of the same hard disc, it was noticed that various satakhats/kabja Rashid/sale deed/purchase deed/promisary note/ memorandum of understanding and other documents related to land/property were prepared by Turmish B. Kania and Meera T. Kania.

Accordingly, the case of the assessee was reopened u/s 148 of the I.T. Act for scrutiny. After examining the details filed & test checking the details with return income and document furnished, the income returned by the assessee was examined by AO. Wherein, it was found that the satakhats was made by the assessee but the amount of satakhats was not appearing in the book of account of the assessee. Accordingly, such impounded satakhat was treated as unexplained investment u/s 69 of I.T. Act.

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