ANITA,JHAJJAR, HARYANA vs. ITO, WARD-3, ROHTAK , ROHTAK , HARYANA
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal found that the lower authorities relied on assumptions and presumptions rather than concrete incriminating material. There was no actual evidence presented against the assessee to support the on-money allegation.
What were the facts?
The assessee's appeal for AY 2020-21 arose from proceedings under section 143(3)/147. The addition was made based on an alleged on-money payment of Rs. 5,25,000/- to a developer, found during a search action.
What were the issues?
Whether the addition of on-money payment was substantiated by incriminating material, or based on assumptions and presumptions by the lower authorities.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI
IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: “SMC” NEW DELHI
BEFORESHRI SATBEER SINGH GODARA, JUDICIAL MEMBER
ITA No.5567/Del/2026 Assessment Year:2020-21
ANITA, Vs. Income Tax Officer, H.NO. 2091, SECTOR-6 Ward -(3), JHAJJAR, Rohtak HARYANA-125507 PAN: AVXPA9437A (Appellant) (Respondent)
Assessee by Sh. Saubhagya Agarwal, Adv. & Sh. V. Rajkumar, Adv. Department by Sh. Nirmal Nangia, Sr. DR Date of hearing 08.07.2026 Date of pronouncement 08.07.2026
ORDER This assessee’s appeal for assessment year 2020-21, arises
against the Commissioner of Income Tax (Appeals)/National
Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN
Order No. ITBA/NFAC/S/250/2026-27/1088607217(1) dated
23.4.2026 involving proceedings under section 143(3)/147 of the
Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case file perused.
Learned departmental representative vehemently argues in
support of both the learned lower authorities’ respective
ITA No.5567/Del/2026
assessments and lower appellate findings that the
assessee/appellant herein has rightly been assessed for having
paid on-money of Rs.5,25,000/- 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.
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 against her. I thus find no merit
in the impugned addition of Rs.5,25,000/- which is hereby
deleted in very terms.
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ITA No.5567/Del/2026
This assessee’s appeal is allowed.
Order pronounced in the open court on 8th July, 2026
Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 23rd July, 2026. SR Bhatnagar Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi
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More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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