VIKASH GUPTA,GHAZIABAD vs. INCOME TAX OFFICER WARD 2(2)(1), GHAZIABAD

ITA 7702/DEL/2025Status: DisposedITAT Delhi06 August 2026AY 2017-1810 pages
AI SummaryPartly Allowed

What were the facts?

The assessee's case was reopened based on information that he received Rs. 40 lakh as bribe. The Assessing Officer (AO) added Rs. 30 lakh as unexplained income under Section 69A and initiated penalty proceedings. The CIT(A) upheld the additions.

What did the Tribunal hold?

The Tribunal held that the AO failed to establish that the assessee was the owner of the money received, and therefore, Section 69A was not applicable. The lender had treated the amount as a loan in its audited accounts.

What were the issues?

Whether the addition of Rs. 30 lakh under Section 69A was justified when the assessee claimed it as an unsecured loan, and whether the reassessment proceedings were valid.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 148,Section 151,Section 69A,Section 271(1)(c),Section 142(1),Section 151A,Section 130

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘E’, NEW DELHI

For Appellant: Shri Om Prakash, C.A
For Respondent: Ms. Ankush Kalra, Sr. D.R
Hearing: 14.05.2026Pronounced: 06.08.2026

PER NAVEEN CHANDRA, ACCOUNTANT MEMBER :

This captioned appeal has been filed by the assessee against the order of the learned Commissioner of Income Tax (Appeals)-NFAC, Delhi [‘CIT(A)’ in short] dated 29.08.2025 arising from the assessment order dated 30.03.2022 passed by the Income Tax Officer, National e- Assessment Centre, Delhi under section 143(3) read with section 147 of the Income Tax Act, 1961 (‘the Act’) concerning Assessment Year (A.Y.) 2017-18. [A.Y 2017-18]

3.

The brief fact of the case is that t

The order continues below.

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