Mahesh Kumar Ladiwala Through Legal Heir Smt. Anita Ladiwala vs. DCIT

Parties Involved

Facts Summary

The case involves an appeal by the assessee, Mahesh Kumar Ladiwala, against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2017-18. A search and seizure operation was conducted on 30.10.2017 at the premises of Ladiwala and Kanoongo Group, Jaipur, including the residential premises of the assessee. The assessee filed his return of income on 20-10-2018 declaring total income of Rs. 46,70,770/-. Various incriminating documents were found and seized during the search, leading to additions in the assessee's income on a protective basis by the Assessing Officer. The assessee appealed to the CIT(A) who dismissed the appeal, confirming the additions made by the Assessing Officer. The assessee then appealed to the ITAT.…

Legal Issues

• 1. Whether the Assessing Officer erred in passing the order u/s 143(3)/153A dated 31.12.2019 for want of jurisdiction and various other statutory reasons.
• 2. Whether the ld. CIT(A) erred in passing the ex-parte order without granting sufficient opportunity of being heard to the appellant.
• 3. Whether the ld. CIT(A) erred in confirming the addition of Rs.82,37,000/- u/s 69 in the hands of the assessee on protective basis.
• 4. Whether the ld. CIT(A) erred in confirming the addition of Rs.41,100/- u/s 68 in the hands of the assessee on protective basis.
• 5. Whether the ld. CIT(A) erred in confirming the addition of Rs.50,000/- u/s 69C in the hands of the assessee on protective basis.
• 6. Whether the Assessing Officer erred in invoking Section 115BBE.

Judgment Outcome

Decided in favour of Assessee.

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