DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-3, JAIPUR, JAIPUR vs. A AND J INDUSTRIAL AND FINANCIAL CONSULTANCY PVT. LTD., JAIPUR

ITA 1354/JPR/2025Status: DisposedITAT Jaipur18 September 2026AY 2014-159 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the CIT(A) had taken a plausible view in deleting the additions as no incriminating material was found during the search. Therefore, the additions made by the AO were not sustainable.

What were the facts?

Following a search operation, the Assessing Officer (AO) made additions for unverifiable share capital and commission. The CIT(A) deleted these additions, finding no incriminating material from the search to support them. The Revenue appealed this deletion.

What were the issues?

Whether additions made under Section 153A can be sustained without incriminating material found during the search, especially when the assessment year was concluded prior to the search.

Which sections of the Income-tax Act were involved?

Section 68,Section 153A,Section 263,Section 69C,Section 115BBE

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JAIPUR “B” BENCH, JAIPUR

Before: SMT. ANNAPURNA GUPTA & SHRI KULDIP SINGH

PER : KULDIP SINGH, JUDICIAL MEMBER:-

The Appellant, Deputy Commissioner of Income Tax by filing the present appeal, sought to set aside the impugned order dated 15.07.2025 passed by the Commissioner of Income Tax (Appeals)-4, Jaipur [hereinafter referred to as the ‘CIT(A)’] qua assessment year 2014-15 on the grounds inter-alia that:- “Ground 1. Whether on the facts and in the circumstances of the case, the CIT(A) is justified in deleting the addition to Rs.20,35,00,000 made by the AO u/s 68 of the Act on account of unverifiable share capital/premium received from M/s Vindus Hodings Ltd. which was nothi

The order continues below.

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