AKHIL GARG KUMAR,NEW DELHI vs. ITO, WARD 34(5), NEW DELHI

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘H’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI KRINWANT SAHAY, ACCOUNTANT MEMBER ITA Nos.814 & 815/Del/2026 Assessment Years: 2017-18 & 2019-20 Sh. Akhil Garg Kumar, Vs. Income Tax Officer, Vishwkarma Road, Ward-34(5), Pana Udhyan Narela, New Delhi New Delhi PAN: CESPK8222E (Appellant) (Respondent) Assessee by Sh. Anshu Garg, CA Department by Sh. Sudip Majumdar, Sr. DR Date of hearing 06.07.2026 Date of pronouncement 06.07.2026 ORDER PER SATBEER SINGH GODARA, JM These assessee’s twin appeals ITA Nos.814 & 815/Del/2026 for assessment years 2017-18 and 2019-20, arise against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s orders, both dated 26.11.2025, having DINs and orders no. ITBA/NFAC/S/250/2025-26/1083020173(1) & 1083020033(1) involving proceedings under section 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’); respectively.

ITA Nos.814 & 815/Del/2026

Heard both the parties. Case file perused. 2. Learned departmental representative vehemently argues in support of both the learned lower authorities’ respective assessments and lower appellate findings that the assessee/appellant herein has rightly been assessed for having paid on-money of Rs.60,00,000/- in FY 2016-17 and Rs.56,60,000/- in FY 2018-19 to the developer M/s. Omaxe Galleria, SCO, Sonepat for purchase of property unit GSS/SCPO/11-12, as per departmental authorities’ action having found/seized the corresponding incriminating material in search action on 14.03.2022. 3. We have given our 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 payments to the searched party in question. It is further emphasized that there is no indication in the assessment order or in the lower appellate

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ITA Nos.814 & 815/Del/2026

discussion discussing any actual evidence against the assessee to buttress the on-money allegation against him. We thus find no merit in the impugned additions of Rs.60,00,000/- in FY 2016-17 and Rs.56,60,000/- in FY 2018-19 which are hereby deleted in very terms. 4. These assessee’s twin appeals ITA Nos. 814 & 815/Del/2026 are allowed. A copy of this common order be placed in the respective case files. Order pronounced in the open court on 6th July, 2026 Sd/- Sd/- (KRINWANT SAHAY) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 21st 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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