Nirmala Madhukar Dherange vs. ACIT, Circle-12, Pune

Parties Involved

Facts Summary

The assessee, Nirmala Madhukar Dherange, filed her income return on 31.12.2020 declaring income of Rs.40,04,710/-. The case was reopened, and a notice under section 148 of the Income Tax Act was issued on 30.03.2024, as her name appeared in documents seized during a search conducted in Nyati Group, indicating a cash payment of Rs.10,00,000/- over the agreed registered value. In response to the notice under section 142(1), the assessee claimed to have purchased a flat for Rs.55,94,000/- without making any cash payment over the registered sale deed value. The Assessing Officer completed the assessment proceedings under section 147 read with section 144 of the IT Act, determining the assessee's income at Rs.56,04,710/- with an addition of Rs.10,00,000/- under section 69B and Rs.6,00,000/- as disallowance of income tax paid. The assessee appealed against this order to the Commissioner of Income Tax (Appeals), but the appeal was dismissed for want of prosecution. The assessee then appealed to the Income Tax Appellate Tribunal.…

Legal Issues

• 1. Whether the notice issued under section 148 of the Income Tax Act was valid or should have been issued under section 153C.
• 2. Whether the addition of Rs. 10,00,000/- under section 69B was justified.

Judgment Outcome

Decided in favour of Assessee.

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