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Chetan Nandlal Sangani vs. Deputy Commissioner of Income Tax

Case No: ITA Nos. 247&250/Rjt/2022
Court: Income Tax Appellate Tribunal, Rajkot Bench
Date: 9/17/2024

Parties Involved

appellantChetan Nandlal Sangani
respondentDeputy Commissioner of Income Tax

Facts Summary

The assessee, Chetan Nandlal Sangani, is engaged in the business of trading in gold and silver bullion. A survey action was conducted at his premises, leading to the discovery of unaccounted cash and discrepancies in stock. The assessee filed an appeal against the order of the Assessing Officer, and the Revenue also filed an appeal against the order of the Commissioner of Income Tax (Appeals). The appeals were heard together due to common issues and identical amounts involved. The assessee argued that the excess cash found should not be treated as unaccounted income, while the Revenue argued for the addition of unaccounted income based on the findings during the survey.

Decision in favour of

Partly Assessee / Partly Revenue

Legal Issues

  • 1. Validity of the assessment order under section 143(3) of the Income Tax Act.
  • 2. Addition of Rs. 39,20,754/- on account of excess cash found during the survey.
  • 3. Addition of Rs. 1,30,83,542/- on account of unexplained sales found during the survey.
  • 4. Disallowance of Rs. 24,29,554/- on account of unaccounted purchases made in cash.
  • 5. Addition of Rs. 23,13,482/- on account of unaccounted gold bullion receipts.
  • 6. Addition of Rs. 39,20,754/- on account of excess cash found.

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Precedents Relied Upon

7 precedents cited in this judgement.

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Chetan Nandlal Sangani vs. Deputy Commissioner of Income Tax | ITA Nos. 247&250/Rjt/2022 | 2024 | Opakhya