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2023 (9) TMI 979 - ITAT MUMBAIReopening of assessment u/s 147 - Undisclosed income - receipt of cash unexplained - HELD THAT:-There is no mention of name of the assessee or any of the partners in the seized documents for receipt of impugned sum. Even otherwise, intimation from ITO ward 3 New Panvel categorically stated that addition is made in the hands of society, but tax could not be recovered. For this reason, the sum cannot be taxed in the hands of the assessee, without any material against the assessee. As applying the principles laid down by the honourable Bombay High Court Godrej & Boyce Mfg. Co. Ltd. [2022 (4) TMI 639 - BOMBAY HIGH COURT] we find that the reasons recorded for reopening of the assessment, in absence of any allegation on the part of the assessee to fully and truly disclosed material facts in the reasons recorded, are not sustainable. Statement u/s 131 of Mr. Manohar Desai also do not state that cash is received by assessee. Letter of ITO ward 3 panvel says that he has only stated PAN and Jurisdictional AO of the Assessee. This is evident in last para of the letter dated 23/02/2015. Even otherwise on the merits the coordinate bench in case of the cooperative society has categorically held that income is chargeable to tax in the hands of the members of the society, therefore, we are not in a position to give any other finding with respect to the receipt of above sum and its addition in the hands of the assessee on the merits also. Accordingly, reopening of the assessment in case of the assessee is quashed.
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