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2023 (10) TMI 83 - ITAT PUNEOn-money receipts - additions were made by AO relying upon the statements of employees’ and What's App chat - presumption u/s 292C - department had carried out section 133A survey - HELD THAT:- We are of the view in this factual backdrop that not only section 2(12) duly includes such seized material in the definition of “books or books of account” being in digital form but also the same carries presumption of correctness regarding the contents thereof u/s 292C of the Act. We make it clear that the assessee itself is fair enough in not disputing correctness of above stated whatsapp chat throughout. This is indeed coupled with the fact that its authorized person(s) Mr. Mangesh Nipunge as well as Smt. Mohini Shripad had also confirmed the fact that they had been collecting cash payments from purchasers. Faced with the situation, learned counsel quoted a catena of case laws that such search statements recorded u/s 132(4) hardly carry any significance in light of CBDT”s landmark circular dated 10.03.2003. We, however, note that the exception herein is the assessee’s “whatsapp” chats seized from its authorized staff accounts which have been nowhere disputed. And also that the said chats as well as learned lower authorities duly corroborates the fact that the corresponding heads therein in lieu of on-money payment is allotment of parking space only. We, thus, invoke the statute presumption u/s 292C in the facts and circumstances to confirm the impugned on-money addition of Rs. 3 lakhs in very terms. This former assessee’s appeal fails therefore.
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