SHRADHA KAKAR,GURGAON vs. INCOME TAX OFFICER, WARD 4(1), GURGAON

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ITA 7309/DEL/2026Status: DisposedITAT Delhi07 September 2026AY 2019-203 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found that the lower authorities relied on assumptions and presumptions rather than specific incriminating material to support the on-money allegation. There was no actual evidence presented against the assessee.

What were the facts?

The assessee's appeal for AY 2019-20 was against an addition of Rs. 16,84,500/- made on account of alleged on-money payment to a developer. The addition was based on material seized during a search action.

What were the issues?

Whether the addition of on-money payment was substantiated by adequate evidence, or if it was based on mere assumptions and presumptions by the tax authorities.

Which sections of the Income-tax Act were involved?

Section 147,Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI

Before: SHRI SATBEER SINGH GODARA

Hearing: 18.08.2026Pronounced: 18.08.2026

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: “SMC” NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER ITA No. 7309/Del/2026 Assessment Year: 2019-20 Shradha Kakar, Vs. ITO Ward-4(1), 3354, Sector-4, Gurgaon- Income Tax Department, 122001, Vanijya Nikunj Shankar Haryana Chowk Road, Phase V, Udyog Vihar, Sector-19, Gurgram- 122016 PAN: ATFPK4286L (Appellant) (Respondent) Assessee by None Department by Sh. Mangali Venkata Ramesh, Sr. DR Date of hearing 18.08.2026 Date of pronouncement 18.08.2026 ORDER PER SATBEER SINGH GODARA, JM: This assessee’s appeal for assessment year 2019-20, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2026-27/1089034251(1), dated 15.05.2026 involving proceedings under section 147 r.w.s. 144B of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

ITA No.7309/Del/2026

Case called twice. None appears at the assessee’s behest. It is accordingly proceeded ex-parte.

2.

Learned departmental representative vehemently argues in support of both the learned lower authorities’ respective assessment and lower appellate findings that the assessee/appellant herein has rightly been assessed for having paid on-money of Rs. 16,84,500/- to the developer M/s. Omax group as per departmental authorities’ search action having found/seized the corresponding incriminating material on 14.03.2022.

3.

I have given my thoughtful consideration to the assessee’s and the Revenue’s respective vehement submissions against and in support of the impugned addition. There is hardly any dispute between the parties that both the learned lower authorities have more gone by their mere assumptions and presumptions than having discussed any specific incriminating material indicating the assessee to have made the impugned on-money payment to the searched party in question. It is further emphasized that there is

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ITA No.7309/Del/2026

no indication in the assessment order or in the lower appellate discussion discussing any actual evidence against the assessee to buttress the on-money allegation against him. I thus find no merit in the impugned addition of Rs. 16,84,500/- which is hereby deleted in very terms.

4.

This assessee’s appeal is allowed. Order pronounced in the open court on 18.08.2026.

Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 07.09.2026 Pooja Mittal/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi

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