ACIT, CENTRAL CIRCLE- 26, NEW DELHI vs. JAYANTI DALMIA, NEW DELHI

Appellant Sh. Surender Pal, CIT (DR) Respondent Sh. Shiv Kumar Arora, CA Date of hearing: 16/06/2022 Date of Pronouncement: 16/06/2022 ORDER

PER N.K. BILLAIYA, AM:

1. Whether the Ld. CIT(A) was right in rendering addition made in the hands of the appellant infructous on the basis of similar addition in the hands of Sh. Anurag Dalmia at CIT(A)

level, when the addition has not reached finality and should have been held protectively in the hands of the asssessee.

“6. Ground no.3 for the AYs.2006-07 and 2007-08 relate to contention of the appellant against addition made by the AO under section 69 of the IT Act towards unexplained investment in relation to an alleged offshore bank account HSBC Bank Geneva, Switzerland. This ground has been adjudicated by me in the case of Sh. Anurag Dalmia for the AY 2006-07 and 2007-08 in which after discussing the issue involved in detail, the appeals have been dismissed. On identical facts, for these years in the appellant's case also, the appeal on this ground are dismissed. However, since the additions in the case of appellant were made on protective basis and the substantive additions made in the case of Sh. Anurag Dalmia have been confirmed by me, therefore, the additions made on protective basis deserves to be deleted.”

“10. We are of the considered view that when the substantive addition in the hands of Shri Anurag Dalmia has already been deleted by co-ordinate bench of the Tribunal vide order dated 15.02.2018 (supra), the protective addition in the hands of the assessee is also not sustainable in the eyes of law. So finding no illegality or perversity in the impugned order passed by the learned Commissioner of Income-tax (Appeals), present appeal filed by the Revenue is hereby dismissed.”