KASHISH AGGARWAL,DELHI vs. ASSESSING OFFICER, DELHI

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ITA 4938/DEL/2026Status: DisposedITAT Delhi29 July 2026AY 2016-172 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal found that the assessee failed to satisfactorily explain the remaining sum of Rs. 3,64,712/-. However, considering the facts, a lump sum addition of Rs. 2,00,000/- was deemed just and proper.

What were the facts?

The assessee's appeal concerned an addition of Rs. 28,00,212/- for alleged unexplained investment in immovable property. The assessee had received Rs. 20,10,500/- from relatives, supported by confirmations and bank statements.

What were the issues?

Whether the addition for unexplained investment in immovable property was justified, and if so, to what extent, considering the partial explanation provided by the assessee.

Which sections of the Income-tax Act were involved?

Section 147,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI

Before: SHRI SATBEER SINGH GODARA

Pronounced: 07.07.26

आयकर आयकर अपीलीय आयकर आयकर अपीलीय अपीलीय अिधकरण अपीलीय अिधकरण अिधकरण, �द�ली अिधकरण �द�ली �द�ली पीठ� �द�ली पीठ� पीठ�, नई पीठ� नई नई �द�ली नई �द�ली �द�ली �द�ली INCOME TAX APPELLATE TRIBUNAL, DELHI BENCHES, ‘SMC’NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER

ITA 4938/DEL/2026 िनधा�रणवष�/AssessmentYear:2016-17) KASHISH AGGARWAL ASSESSING OFFICER 437, PATHANPURA, SHAHDARA, ITO, WARD 58(7), VIKAS DELHI-110032, DELHI Vs. BHAWAN DELHI-110002, DELHI अपीलाथ�Appellant ��थ� Respondent Permanent Account Number of Assessee: AZWPA7559D

अपीलाथ��ारा/Appellant represented by: None ��थ��ारा/Respondentrepresented by: Sh. Nirmal Nangia, Sr.DR

सुनवाईकीतारीख/Date of conclusion of hearing: 07-Jul-2026 घोषणाकीतारीख/Date of pronouncement: 07.07.26 आदेश / ORDER

This assessee’s appeal for assessment year 2016-17, arises against the Ld. CIT(Appeals)/National Faceless Appeal Centre, New Delhi’s order in DIN & Order No. ITBA/NFAC/S/250/2025-26/1086857394(1), dated 05.03.2026 involving proceedings under section 147 r.w.s. 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Case called twice. None appears at the assessee’s behest. He is accordingly proceeded ex-parte.

2.

Next comes the sole substantive issue between the parties. It transpires during the course of hearing with the able assistance from the Revenue side that both the learned lower authorities have added in assessee’s alleged unexplained investment of Rs.28,00,212/- made in 1

ITA 4938/DEL/2026 KASHISH AGGARWAL

immovable property; in assessment order dated 31.03.2022 and upheld in

lower appellate discussion.

3.

That being the case; a perusal of the assessment order itself reveals

that the assessee had admittedly received a sum of Rs.20,10,500/- from

his/her mother, aunty, grandfather and brother; involving very sums which

also stood supported by her confirmation as well as bank statements which

have nowhere specifically not rejected in the lower appellate proceedings.

4.

Coming to the remaining sum of Rs.364712/-, the assessee has

admittedly failed to satisfy both the learned lower authorities that the same

representing his business income and past accumulated savings in entirety.

It is thus deemed appropriate that a lump sum addition of Rs.2 lakhs in the

given facts would be just and proper with a rider that the same shall not be

treated as precedent. The assessee gets relief of Rs.26,00,212/- in other

words. Necessary computation shall follow as per law.

6.

The assessee’s appeal is partly allowed.

Order pronounced in the open court on 7th July, 2026.

Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 29th July, 2026. f{x~{tÜ f{x~{tÜ f{x~{tÜ f{x~{tÜ Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi

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