CHETAK ENTERPRISES LIMITED,NIMBAHERA vs. ACIT, CENTRAL CIRCLE-1, UDAIPUR, UDAIPUR

ITA 491/JODH/2025Status: DisposedITAT Jodhpur22 September 2026AY 2021-2211 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the addition was not justified as it was based solely on a loose sheet found in another party's premises, without any corroborative evidence from the assessee's side. The Tribunal noted that a similar addition in the case of the purchaser (BGCCPL) had already been deleted by a Coordinate Bench.

What were the facts?

The Assessing Officer made an addition of Rs. 2,77,79,000/- to the assessee's income under Section 69A, based on a loose sheet found during a search of another company (BGCCPL) indicating a cash payment for machinery purchased from the assessee. The assessee denied receiving any cash.

What were the issues?

Whether an addition can be made solely based on a loose paper found during a search of a third party without corroborative evidence from the assessee? Whether the deletion of an addition in the hands of the payer necessitates the deletion of the same addition in the hands of the recipient?

Which sections of the Income-tax Act were involved?

Section 69A,Section 132,Section 132(4),Section 69C,Section 69B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR

Before: SHRI SAKTIJIT DEY, HON’BLE & SHRI MAKARAND VASANT MAHADEOKAR, HON’BLE

For Respondent: Ms. Shivani Bansal, CIT-DR
Pronounced: 22.09.2026

Per: Shri Saktijit Dey, Vice President: This is an appeal by the assessee against order dated 07-03-2025 passed by the learned Commissioner of Income Tax (Appeals), [in short, “the CIT(A)”], Udaipur, for the Assessment Year 2021-22. 2 Asst. Year: 2021-22

2.

At the outset, learned counsel appearing for the assessee did not press Grounds No. 1 to 4. Accordingly, these grounds are dismissed as not pressed.

3.

In Ground Nos. 5 to 8, the assessee has challenged the addition of Rs.2,77,79,000/- as un

The order continues below.

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