SANJEEV KUMAR,GHAZIABAD vs. ITO WARD 2(2)(3), GHAZIABAD

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: “SMC” NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER ITA No.5273/Del/2026 Assessment Year: 2019-20 Sanjeev Kumar, Vs. Income Tax Officer, 9/84, Judge Colony, Ward-2(2)(3), Sector-9, Vaishali, Ghaziabad Ghaziabad - 201012 PAN: AVHPK8895R (Appellant) (Respondent)

Assessee by Sh. Saubhagya Agarwal, Adv. Sh. V. Rajkumar, Adv. Department by Sh. Nirmal Nangia, Sr. DR Date of hearing 07.07.2026 Date of pronouncement 07.07.2026 ORDER 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/250/2026-27/1088405997(1), dated 10.04.2026 involving proceedings under section 147 r.w.s. 250 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused. 2. Learned departmental representative vehemently argues in support of both the learned lower authorities’ respective

ITA No.5273/Del/2026

assessments and lower appellate findings that the assessee/appellant herein has rightly been assessed for having paid on-money of Rs.21,93,400/- to the developer M/s. Omaxe group as per departmental authorities’ action having found/seized the corresponding incriminating material in search action 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 respective assumptions and presumptions than having discussed any 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 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. I thus find no merit in the impugned addition of Rs.21,93,400/- which is hereby deleted in very terms. 4. This assessee’s appeal is allowed.

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Order pronounced in the open court on 7th July, 2026 Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 28th July, 2026. RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi

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