VIJAY STEELS,AMROHA vs. ITO, WARD 1(1), MORADABAD

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ITA 4478/DEL/2025Status: DisposedITAT Delhi26 August 2025AY 2022-23Bench: Sh. Satbeer Singh Godara (Judicial Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that while the action in principle was not faulted, treating the entire sales as bogus under Section 68 was not sustainable. Instead, only the profit element was to be considered.

What were the facts?

The assessee's appeal arose from an order upholding the addition of sales treated as bogus and unexplained cash credits. The lower authorities treated sales of Rs. 25,42,372.89 as bogus.

What were the issues?

Whether the entire sales treated as bogus and unexplained cash credits are sustainable, or only the profit element thereof should be added?

Which sections of the Income-tax Act were involved?

Section 143(3),Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI

Before: Sh. Satbeer Singh Godara

Hearing: 26.08.2025Pronounced: 26.08.2025

Asstt. Year : 2022-23 Vijay Steels, Vs Income Tax Officer, Kanth Road, Amroha, Ward-1(1), Uttar Pradesh-244221 Moradabad, U.P.-244001 (APPELLANT) (RESPONDENT) PAN No. AAHFV5468Q Assessee by: Sh. Rohit Agarwal, CA Revenue by : Sh. Manoj Kumar, Sr. DR Date of Hearing: 26.08.2025 Date of Pronouncement: 26.08.2025 ORDER This assessee’s appeal for Assessment Year 2022-23, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2025-26/1076170350(1) dated 13.05.2025, in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short “the Act”).

2.

Heard both the parties at length. Case file perused.

3.

Learned departmental representative vehemently argues during the course of hearing that both the learned lower authorities have rightly treated the assessee’s sales in question of Rs.25,42,372.89 to M/s Zhongmao International Projects Pvt. Ltd. as bogus once so as to treat the same as it’s unexplained cash credits, in assessment order dated 19.03.2024 and upheld in the lower appellate discussion.

Vijay Steels 4. This being the clinching factual position, the tribunal is of the considered view that although no fault could be found in the learned lower authorities identical action in principle, the facts however remains that treating the entire sales as bogus u/s 68 than only the profit element embodied therein, could not be per se sustainable in law and the only inference which would arise in such an instance would be that of clandestine sales made out of books to other parties. Be that as it may, it is thus deemed appropriate in the peculiar factual backdrop that a lump sum addition of Rs.1,50,000/- representing the assessee’s GP element would be just and proper with a rider that the same shall not be treated as a precedent. Necessary computation shall follow as per law.

5.

This assessee’s appeal is partly allowed. Order Pronounced in the Open Court on 26/08/2025.

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