S. Ganesh v ACIT (Mum) (Trib) www.itatonline .org

S.69: Unexplained investments- AIR information- Professional income shown by the assessee was exceeded the figure shown in the AIR information -Second owner- When the identity of first owner is established and assessed to tax – Addition cannot be made merely on the basis of AIR information.

Allowing the appeal of the assessee the Tribunal held that , professional income shown by the assessee was exceeded the figure shown in the AIR information and it was not practically possible to give detailed party-wise break up of fees received . Accordingly the addition was deleted .   As regards investment the mutual funds , the assessee was second owner and the identity of the  first owner is established and assessed to tax . Accordingly the addition was deleted holding that addition cannot be made merely on the basis of AIR information.  ( AY.2006 -07) (ITA No  527/Mum/2010 dt 8-12-2010

(Note : Since the judgement is not reported , it is being posted now .)(Affirmed by Bombay High Court , (ITA NO. 1930 of 2011 dt. 18 th March , 2014 ) www.itatonline.org

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