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2023 (4) TMI 231 - ITAT INDOREUndisclosed income u/s 69 - messages found from the mobile phone of the assessee and inventorized that the assessee was involved in hawala transactions - HELD THAT:- Since the Ld. AO herself while passing the assessment order in the case of M/s MG Oils observed that cash was deposited in the bank account of few of the customers by the assessee or by the staff of the firm, M/s MG Oils, this in itself proves that the entire amount of cash received by the assessee as noticed through the messages found from his mobile phone was related to the customers of M/s MG Oils to whom sales were made and duly accounted for in the books of accounts of M/s MG Oils and accordingly, there was no justification for making separate addition to the total income of the assessee on this count. Thus, considering the entire aspect of the matter, we are of the considered opinion that there was no justification for making addition to the total income of the assessee on account of amount worked out on the basis of alleged suspicious messages relating to hawala transactions found from the mobile phone of the assessee by treating it as undisclosed income u/s 69 and the CIT(A) rightly deleted the impugned addition without any ambiguity so as to warrant interference. Decided in favour of assessee.
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