TAKSHSHILA CO-OP GROUP HOUSING SOCIETY LIMITED,DELHI vs. ITO WARD 59(2), VIKAS BHAWAN

This assessee’s appeal for assessment year 2016-17, arises against the Commissioner of Income Tax (Appeals)/National
Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2024-25/1069886324(1), dated
23.10.2024 involving proceedings under section 144 of the Income- tax Act, 1961 (hereinafter referred to as ‘the Act’).

Heard both the partes. Case file perused.
2. Delay of 153 days in filing of the instant appeal is condoned in the larger interest of justice and in light of Assessee by Sh. V.K. Tulsyan, CA
Department by Sh. Manoj Kumar, Sr. DR
Date of hearing
18.08.2025
Date of pronouncement
18.08.2025
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Collector Land Acquisition vs. Mst. Katiji & Ors (1987) 167
ITR 471 (SC).
3. It emerges at the outset that the assessee’s instant appeal raises the first and foremost issue of validity of the learned
CIT(A)/NFAC’s action changing it’s head of addition i.e. from that u/s 57, invoked by the Assessing Officer for the purpose of adding cash deposits herein amounting to Rs.13,57,800/- to that under section 69A of the Act, in the lower appellate discussion.
4. That being the case, I hereby quote CIT Vs. Shapoorji Pallonji
Mistry (1962) 44 ITR 891 (SC); CIT Vs. Sardari Lal & Co. (2001) 251
ITR 864 (Del.) and CIT Vs. Union Tyres (1999) 240 ITR 556 (Del.) to conclude that such a course of action changing heads of the impugned addition, in the course of lower appellate proceedings, is not sustainable in law. The learned CIT(A)/NFAC’s impugned findings are hereby reversed therefore.
5. This assessee’s appeal is allowed.
Order pronounced in the open court on 18th August, 2025 (SATBEER SINGH GODARA)

JUDICIAL MEMBER

Dated: 18th August, 2025. RK/-