PRAKASH CHANDERGUPTA,KRISHNA NAGAR vs. ITO-WARD 16-5 DELHI, VIKAS BHAWAN ITO DELHI
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),
Delhi-31’s
DIN
&
order
No.
ITBA/APL/S/250/2024-25/1072735518(1) dated 30.01.2025, 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.
Learned departmental representative vehemently argues at the outset that both the lower authorities have rightly added the assessee’s cash payments of Rs.21,00,000/-; made to the searched party M/s Santosh Medical College, Ghaziabad, which was unearthed during the course of search, in the latter case on 26.07.2013 going by the search statement of it’s authorized person. Prakash Chander Gupta 2 4. 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 or that the admissions details which could substantiate the impugned addition made in this case. All what both the learned lower authorities have done is to go by the searched party section 132(4) search statement in isolation which hardly carried any significance going by the CBDT’s landmark circular dated 10.03.2022. 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 27/05/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 27/05/2025
*Subodh Kumar, Sr. PS*