SUSHIL GUPTA,SHIVPURI vs. ACIT 3(1) GWALIOR, GWALIOR

ITA 266/AGR/2026Status: DisposedITAT Agra16 September 2026AY 2012-1318 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal noted that the same cash deposit was later accepted as business transactions in the case of another individual, Shri Suresh Kumar Gupta, after his assessment was set aside and re-evaluated. Therefore, the protective addition in the assessee's hands was not sustainable.

What were the facts?

The assessee's case was reopened based on information of a large cash deposit in a bank account. The Assessing Officer made a 'protective addition' of Rs. 3,06,53,391/-. The CIT(A) dismissed the assessee's appeal.

What were the issues?

Whether a 'protective addition' made in the assessee's case is sustainable when the same amount was later accepted as legitimate business transactions in another assessee's case.

Which sections of the Income-tax Act were involved?

Section 148,Section 144,Section 69A,Section 68,Section 115BBE

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AGRA(DB

Before: SUNIL KUMAR SINGHBRAJESH KUMAR SINGH

For Appellant: Shri Rajendra Sharma, Adv. &
For Respondent: Ms. Sangeeta Yadav, CIT DR and Sh. Anil Kumar, Sr. DR
Hearing: 08.07.2026Pronounced: 16.09.2026

PER:BRAJESH KUMAR SINGH, A.M.

These three appeals are directed against three separate impugned orders all dated 18.02.2026 passed in appeal No CIT (A),

ITA 266 to 268/Agr/2026

Gwalior/10556/2019-20, CIT (A), Gwalior/10557/2019-20 and CIT (A), Gwalior/10558/2019-20 for A.Y 2012-13, 2013-14 and 2017-18 respectively passed by the NFAC (hereinafter referred to as the “CIT(A) u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as the “Act”), wherein ld. CIT(A) has dismissed all the three appeals of the assessee. Since all the three appeals relate to the same assessee, they are disposed by this co

The order continues below.

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