PRAVEEN JAIN HUF,FARIDABAD vs. ITO WARD-2(1), FARIDABAD
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2011-12, arises against the CIT(A)/NFAC, Delhi’s DIN & order No.
ITBA/NFAC/S/250/2023-24/1053213026(1) dated 26.05.2023, in proceedings u/s 143(3) r.w.s. 147 of the Income Tax Act,
1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
A perusal of the assessee’s instant appeal file indicates at the outset that both the learned lower authorities have held it to have derived an amount of Rs.5,17,150/- representing commodities profits; from M/s R. K. Commodities Services Pvt. Ltd., in the relevant previous year after having modified the corresponding client code in the National Multi Commodities Exchange (NMCE) herein. Both the learned lower authorities Praveen Jain HUF
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accordingly took recourse to setting into motion of section 148/147 proceedings thereby adding the aforesaid amount in the course of assessment framed on 14.12.2018 and upheld in the lower appellate discussion. This is what leaves the assessee aggrieved.
I have given my thoughtful consideration to the assessee’s and the Revenue’s respective stands all along. The department could hardly dispute the clinching fact emerging from the case file that there is not even an indication and to in what manner the assessee had derived the above income as no such entry has been found or proved in it’s books or otherwise: as the case may be. This tribunal therefore sees no merit in the impugned addition of Rs.5,17,150/- which is hereby deleted in very terms. The same reasoning follows for corresponding alleged commission component as well. Ordered accordingly.
This assessee’s appeal is allowed. Order Pronounced in the Open Court on 01/07/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 01/07/2025
*Subodh Kumar, Sr. PS*