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Case Law Details

Case Name : Ekdanta Land Pvt. Ltd. Vs ITO (ITAT Pune)
Appeal Number : ITA No. 1400/PUN/2015
Date of Judgement/Order : 17/10/2018
Related Assessment Year : 2009-10
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Ekdanta Land Pvt. Ltd. Vs ITO (ITAT Pune)

It is a settled issue that the seized papers seized from the premises of Jai Corp Group and others cannot be relied upon for making additions in the hands of the land aggregators whose names appeared in the said documents. It is not the case of the Revenue that the judgments/decisions delivered in the cases of appeals involving M/s. Arpit Land Pvt. Ltd., M/s. Lavanya Land Pvt. Ltd. and Harsha Land Private Limited (supra) etc. do not relate to such land aggregators. These names also appeared in the said seized papers along with the name of the assessee. On similar facts, the Hon’ble Jurisdictional High Court in the case of CIT Vs. Arpit Land Pvt. Ltd., as well as in the case of M/s. Ambit Reality Pvt. Ltd., held that the said seized documents cannot be held to be belonging to the assessee. Considering the above binding decisions of Hon’ble High Court as well as Hon’ble Apex Court, we are of the opinion that the ground No.2 raised by the assessee is to be allowed on technical grounds.

FULL TEXT OF THE ITAT JUDGMENT

This appeal is filed by the Assessee against the order of CIT(A)-2, Thane, dated 25-03-2015 for the Assessment Year 2009-10.

2. Grounds raised by the Assessee read as under :

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