MAYUR PRAFUL BAXI,MUMBAI V. ASST. COMMISSIONER OF INCOME TAX 22(1), MUMBAI

ITA 6818/MUM/2025

AI Insights

The case involves an appeal by Mayur Praful Baxi against an order from the Commissioner of Income Tax Appeals (CIT(A)), Udaipur, which confirmed an addition of Rs. 12,20,814 as unexplained cash credits under section 68 of the Income Tax Act, 1961. The appeal was initially filed against the assessment order by the Assistant Commissioner of Income Tax, Circle-19(2), Mumbai, for the Assessment Year 2010-11. However, before the tribunal could hear the case, the assessee requested to withdraw the appeal due to a typographical error in the appeal documents. The tribunal allowed the withdrawal and dismissed the appeal accordingly.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 837786 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2026
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2010-2011
• Appeal Filed On: 27-10-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Unexplained cash credit
• Section: 68

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH MUMBAI BEFORE SHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No. 6818/MUM/2025 Assessment Year: 2010-11 Mayur Praful Baxi 22, Jeevan Parag, 127, Prabhat Colony, Road No. 2, Santacruz East, Mumbai – 400055. (PAN: AEHPB5058C) vs. Assistant Commissioner of Income Tax 22 (1), Mumbai (Appellant) (Respondent) Present for: Assessee : None Revenue : Shri Sushil R. Shendge, Sr. DR Date of Hearing : 12.02.2026 Date of Pronouncement : 16.02.2026 O R D E R PER GIRISH AGRAWAL, ACCOUNTANT MEMBER: This appeal filed by the assessee is against the order of CIT(A), Udaipur, vide order no. ITBA/APL/S/250/2025-26/1080166843(1), dated 29.08.2025, passed against the assessment order by Assistant Commissioner of Income tax, Circle-19(2), Mumbai, u/s143(3) of the Income-tax Act (hereinafter referred to as the “Act”), dated 04.03.2013 for Assessment Year 2010-11. 2. Grounds taken by assessee are reproduced as under: “1. The learned Commissioner of Income Tax Appeal, has erred in confirming addition out of loans as unexplained Cash credits under section 68 of the Income Tax Act, 1961 of 12,20,814/ In view of the above additions made by learned officer be deleted.” Printed from counselvise.com 2 ITA No. 6818/Mum/2025 Mayur Praful Baxi AY 2010-11 3. At the very outset, it is noted that assessee has moved an application dated 04.11.2025, requesting to allow withdrawal of his appeal filed before the Tribunal. Content of this application is reproduced as under: “Sub.: - Withdrawal of Appeal filed on 27.10.2025 vide acknowledgment no. 1800042505 Asst. Year: 2010-11 PAN: AEHPB5058C Sir, I have filed an Appeal before Hon' ITAT on 27.10.2025 vide acknowledgment no. 1800042505. The Details of the Appeal are as under:- Appeal No. Case Type Bench ITA 6818/MUM/2025 DBC D The Appeal was submitted in online mode. There was a typo error in Form 36 annexed to the attachments of Appeal. Hence, I wish to withdraw the Appeal filed vide acknowledgment no. 1800042505 and I have filed the corrected Appeal after making the necessary correction to the attachments.” 3. No objection was raised by the Ld. DR upon this withdrawal. Accordingly, application made by the assessee is allowed. The appeal is dismissed as withdrawn. 4. In the result, the appeal of the assessee is dismissed as withdrawn. Order is pronounced in the open court on 16 February, 2026 Sd/- Sd/- (Anikesh Banarjee) (Girish Agrawal) Judicial Member Accountant Member Dated: 16 February, 2026 MP, Sr.P.S. Printed from counselvise.com 3 ITA No. 6818/Mum/2025 Mayur Praful Baxi AY 2010-11 Copy to : 1 The Appellant 2 The Respondent 3 DR, ITAT, Mumbai 4 5 Guard File CIT BY ORDER, (Dy./Asstt.Registrar) ITAT, Mumbai Printed from counselvise.com "