DCIT vs. Danaram Jivaram Choudhary

Parties Involved

Facts Summary

The assessee had e-filed its return of income for the impugned year declaring total income of Rs.23,53,300/-. The Assessing Officer (AO) was in receipt of information that the assessee had received an amount of Rs.5,21,76,599/- from M/s. Mudra Real Estate Pvt. Ltd. The information was obtained from the office of the DDIT (Inv.), Unit-1(2), Ahmedabad. The information was part of a survey action under Section 133A of the Income Tax Act, 1961. The digital data revealed ledger accounts of M/s. Mudra Real Estate Pvt. Ltd. which reflected an opening outstanding balance and cash payments to the assessee. Based on this information, the AO reopened the case and made an assessment addition under Section 69A of the Act. The assessee challenged the assessment in appeal before the Commissioner of Income Tax (Appeals) (CIT(A)), who allowed the appeal.…

Legal Issues

• 1. Whether the Ld. CIT(A) was justified in deleting the addition of Rs. 5,21,76,599/- u/s. 69A of the Act without appreciating the facts of the case?
• 2. The appellant craves leave to amend or alter any ground or add a new ground.
• 3. It is prayed that the order of Ld. CIT(A) may be set aside and that of the Assessing Officer be restored?

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Precedents Relied Upon

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