DAYARAM SAIN,GHAZIABAD vs. THE ITO, WARD-1(2), GHAZIABAD, GHAZIABAD
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2007-08, arises against the CIT(A)/NFAC, Delhi’s DIN & order No.
ITBA/NFAC/S/250/2023-24/1062977802(1) dated 20.03.2024, in proceedings u/s 147 r.w.s. 144 of the Income Tax Act, 1961
(in short “the Act”).
Heard both the parties at length. Case file perused.
Learned departmental representative vehemently argues at the outset that both the lower authorities have rightly added the assessee’s cash payments of Rs.22,00,000/-; made to the searched party M/s Santosh Medical College, Ghaziabad, which was unearthed during the course of search in the latter’s case leading to initiation of section 148/147 proceedings by the Dayaram Sain
2
Assessing
Officer as per the DDIT(Investigation) wing’s information.
I have given my thoughtful consideration to the assessee’s and the Revenue’s vehement rival submissions reiterating their respective stands. A perusal of the case file reveals that there is not even a receipt alleged to have been signed by either the assessee or recipient delay reconciled with the corresponding admission’s details which could substantiate the impugned addition made in the assessee’s hands. All what both the learned lower authorities have done is to go by some alleged information only which has never been light of the day. That being the case, I find no merit in the impugned addition which is hereby deleted in very terms.
This assessee’s appeal is allowed. Order Pronounced in the Open Court on 28/05/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 28/05/2025
*Subodh Kumar, Sr. PS*