DEVANGI VIVEK PANDYA,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD 3(2)(1), AHMEDABAD
What did the Tribunal hold?
The Tribunal held that the addition was unsustainable as it was based solely on vague and general information from the Investigation Wing, without any specific documentary evidence. The assessee was not confronted with any such evidence.
What were the facts?
The Assessing Officer (AO) received information that the assessee paid Rs. 4,00,000/- as on-money for a flat purchase. The assessee denied this, stating no on-money was paid. The AO made the addition based on vague information from the Investigation Wing.
What were the issues?
Whether an addition to income can be made solely on the basis of vague information from the Investigation Wing without corroborating evidence? Whether the assessee is required to prove a negative when no evidence is presented against them?
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: Shri Sanjay Garg & Shri Gangadhar Panda
Per Sanjay Garg, Judicial Member:
The present appeal has been preferred by the assessee against the order of the Learned Commissioner of Income Tax (Appeals), [hereinafter referred to as ‘Ld. CIT(A)’] National Faceless Appeal Centre (in short “NFAC”), Delhi dated 06/01/2026 passed u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for the Assessment Year (AY) 2019-20. 2. The assessee in this appeal is aggrieved by the action of the Ld. CIT(A) in confirming the addition made by the Assessing Officer (hereinafter referred to as “the AO”) of Rs. 4,00,0
The order continues below.
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