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TMI Blog2023 (10) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... enough in not disputing correctness of above stated whatsapp chat throughout. This is indeed coupled with the fact that its authorized person(s) Mr. Mangesh Nipunge as well as Smt. Mohini Shripad had also confirmed the fact that they had been collecting cash payments from purchasers. Faced with the situation, learned counsel quoted a catena of case laws that such search statements recorded u/s 132(4) hardly carry any significance in light of CBDT s landmark circular dated 10.03.2003. We, however, note that the exception herein is the assessee s whatsapp chats seized from its authorized staff accounts which have been nowhere disputed. And also that the said chats as well as learned lower authorities duly corroborates the fact that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2/- (Tax 30% + SC 12% + Cess 4%) 3. The learned Commissioner of Income-tax (Appeals) grossly erred and failed to appreciate that the so-called additions were made by AO relying only upon the statements of employees and What's App chat and without having any other corroborative evidences. 4. The learned Commissioner of Income tax (Appeals) erred and failed to appreciate the fact that all the flats were sold along with parking spaces which are clearly the part of registered sale agreement and Index 2 and the buyers were under no obligation to pay any amount over and above the consideration specified in the registered sale agreements. 5. Without prejudice to the aforementioned grounds and assuming without admitting that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aining 3 comprising total sum of Rs. 7,53,000/- against the Assessee. Tax Effect: Rs. 2,19,274/- (Tax 25% + SC 12% + Cess 4%) 3. The learned Commissioner of Income-tax (Appeals) grossly erred and failed to appreciate that the so-called additions were made by AO relying only upon the statements of employees' and without having any other corroborative evidences. 4. The learned Commissioner of Income tax (Appeals) erred and failed to appreciate the fact that all the flats were sold along with parking spaces which are clearly the part of registered sale agreement and Index 2 and the buyers were under no obligation to pay any amount over and above the consideration specified in the registered sale agreements. 5. Witho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtment had carried out section 133A survey on 19.11.2018. It found cash of Rs. 1,15,39,550/- at the office premises of M/s. Mittal group. Learned departmental authorities converted the above survey to a search therefor on 20.11.2018. The former assessee thereafter filed its original return on 26.09.2019 for the impugned assessment year declaring total income at Rs. 7,43,02,010/-. The Assessing Officer took up scrutiny. Coming to the impugned on-money addition of Rs. 3 lakhs, we note that the same is based on whatsapp chat(s) indicating the above stated amount to have been received from Dr. Anita Deshmukh and Dr. Ravindra Deshmukh regarding unit no.102 in Q building. We are of the view in this factual backdrop that not only section 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the on-money addition of Rs. 7,53,000/-. A perusal of the case files reveals that these three parties inter-alia are Smt. Anu Kumari regarding flat No. F-705 for Rs. 1 lakh, Smt. Ruchera in flat No. B-102, Gloria project, Shri Mangesh Nipunge in flat No. A-301 in Sun Sapphire Project for Rs. 2.5 lakhs, regarding flat No. D-1204 for Rs. 5,53,000/- and Shri Harshvardhan Chalukya for flat No.C-404 for Rs. 1 lakh, respectively, out of which the assessee has already been granted relief to the tune of Rs. 5 lakhs in CIT(A) s order as per ground No.2 extracted in the preceding paragraphs. Learned counsel could hardly dispute that all these on-money payments have emerged from seized material found at assessee s premises by the departmental aut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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