Naresh Manakchand Jain v. ACIT Cir-2(1) 2023)108 ITR 627/(2024) 228 TTJ 349 (Mum) ( Trib )( Editorial : High Court quashed the direction of the Tribunal,Naresh Manakchand Jain v. Registrar,Income Tax Appellate Tribbunal (2024) 296 Taxman 101 (Bom)(HC)

S. 254(1) : Appellate Tribunal-Powers-Direction-Ex-parte order-Assessment-Unaccounted income-Long term capital gains-32,855 persons-Shell companies-Order on appeal-Direction to reopen cases of beneficiary and forward information to other investigating agencies-[S. 45 ,48, 68, 150, The Prevention Of Money-Laundering Act, 2002]

“Looking at the magnitude of the operation of money laundering carried on by the assessee along with the several other persons and the number of beneficiaries who have availed the services of the assessee in converting that unaccounted income in long-term exempt capital gain, short term capital gain or business losses, [the learned assessing officer has mentioned that there are 32,855 persons who have been identified in several scripts of those listed entities]”

The Hon’ble ITAT passes the following direction to AO to intimate the respective AO of 30000+ assessee. To intimate the above money-laundering activities carried out by all those persons along with the names of the persons, companies and the beneficiaries to the respective authorities for examination of applicability of The Prevention Of Money-Laundering Act, 2002 as per paragraph 11 of schedule of that Act.

Intimate the name of companies involved whose share prices are rigged on stock exchange supported by fictitious turnover and shell structure to MCA/ Registrar of companies to take necessary action/ inquiry in accordance with the law. (ITA-1945&1946/M/2023 Dated 31/08/2023)  (AY. 2009-10)