HUTMENTS LAND DEVELOPERS PRIVATE LIMITED,DELHI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-5, NEW DELHI

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ITA 2138/DEL/2026Status: DisposedITAT Delhi14 July 2026AY 2023-244 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the matter to the CIT(A) for fresh adjudication, directing the assessee to make requisite compliance. This was done in the interest of justice to allow for proper verification and decision on merits.

What were the facts?

Following a search action, the assessee's return for AY 2023-24 was selected for scrutiny. The Assessing Officer made additions on account of unexplained credits under Section 68. The CIT(A) confirmed a part of the addition, stating the assessee failed to discharge its onus.

What were the issues?

Whether the CIT(A) erred in confirming additions under Section 68 without proper inquiry or verification, and whether the matter should be remanded for denovo adjudication.

Which sections of the Income-tax Act were involved?

Section 68,Section 132,Section 143(3),Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH, B: NEW DELHI

Before: MS. MADHUMITA ROY & SMT. RENU JAUHRI

For Appellant: Shri Tushar, Adv
For Respondent: Shri Om Prakash, CIT(DR)
Hearing: 14.07.2026Pronounced: 14.07.2026

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, B: NEW DELHI BEFORE MS. MADHUMITA ROY, JUDICIAL MEMBER AND SMT. RENU JAUHRI, ACCOUNTANT MEMBER ITA No.- 2138/Del/2026 [Assessment Year: 2023-24] Hutments Land Developers Pvt. Deputy Commissioner of Income Ltd., Tax, 3, Munirka Marg, Vasant Vihar, Vs Central Circle-5, ARA Centre, New Delhi-110057. Jhandewalan Extension, New Delhi-110055. PAN- AAACH3107L Assessee Revenue Assessee by Shri Tushar, Adv. Revenue by Shri Om Prakash, CIT(DR) Date of Hearing 14.07.2026 Date of Pronouncement 14.07.2026 ORDER Per Renu Jauhri, Accountant Member:

This appeal by the assessee is directed against the order dated 12.12.2025 of the Commissioner of Income-tax (Appeals)-24, New Delhi [hereinafter referred to as the ‘Ld. CIT(A)] arising out of the Assessment Order dated 25.02.2025 passed under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) by the Assessing Officer DCIT, Central Circle-5, New Delhi (hereinafter referred to as the ‘AO’) pertaining to Assessment Year (A.Y.) 2023-24.

ITA No.- 2138/Del/2026 Hutments Land Developers Pvt. Ltd. 2. The assessee has raised the following grounds of appeal:- “1. That the impugned order dated 12.12.2025 passed by the Ld. Commissioner of Income-tax (Appeals)-24, Delhi (hereinafter referred to as “CIT(A)”) under section 250 of the Income tax Act (hereinafter referred to as the “Act”) in the case of the Appellant for the Assessment Year (hereinafter referred to as “A.Y.”) 2023-24 is erroneous and has been passed without proper appreciation of facts and is liable to be set aside. 2. That the Ld. CIT(A) has erred in confirming the addition of Rs. 64,00,000/- made by the AO under section 68 of the Act, despite the amount having been duly recorded in the books, received through banking channels and explained by the appellant, and has further erred in sustaining the addition made by the AO without bringing any adverse material on record or conducting proper enquiry, and by relying on irrelevant considerations. 3. That the Ld. CIT(A), having co-terminus powers with the AO, ought to have called for further verification or remand report instead of confirming the addition without inquiry or verification, and the failure to do so renders the impugned order unsustainable. 4. That the findings recorded by the Ld. CIT(A) are contrary to the material available on record and the confirmation of addition is based on presumptions and suspicion rather than evidence, thereby rendering the impugned order perverse in law. 5. That the appellant craves leave to add, alter, amend, modify or delete any of the above grounds.”

3.

Brief facts are that the assessee had filed its original return for A.Y. 2023-24 on 28.12.2023 declaring loss of Rs. 18,041/-. Subsequently, a search action u/s 132 of the Act was conducted in the case of the M/s Saluja Construction Company and others on 09.06.2022 including the assessee. Thereafter, the case of the assessee was centralized and return of assessee for A.Y. 2023-24 was selected for complete scrutiny. Assessment was completed at an income of Rs. 86,10,192/- after making additions on account of unexplained credits u/s 68 of the Act.

3.1 Aggrieved, the assessee preferred an appeal before the Ld. CIT(A). After considering the written submissions, the Ld. CIT(A) restored the addition on account

ITA No.- 2138/Del/2026 Hutments Land Developers Pvt. Ltd. of unexplained credits relating to unsecured loans amounting to Rs. 22,10,192/- to the AO. For the balance addition of Rs. 64,00,000/- on account of unexplained credits, CIT(A) confirmed the action of the AO on the ground that the assessee had failed to discharge its onus to establish the identity, creditworthiness and genuineness of the impugned transactions. Further aggrieved, the assessee has filed appeal before the Tribunal.

4.

In the grounds of appeal, the assessee has challenged the CIT(A)’s action of confirming the addition u/s 68 of the Act on the ground that the same was done without requisite verification and by relying on irrelevant consideration. After hearing the parties, in the interest of justice, we deem it appropriate to restore the matter to the CIT(A) for denovo adjudication after giving due opportunity to the assessee. The assessee is also directed to make requisite compliance before the Ld. CIT(A) to enable him to decide the issue on merits.

5.

In the result, appeal of the assessee is allowed for statistical purposes.

Order pronounced in the open court on 14.07.2026

Sd/- Sd/- [MADHUMITA ROY] [RENU JAUHRI] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated- 16.07.2026. Pooja.

ITA No.- 2138/Del/2026 Hutments Land Developers Pvt. Ltd.

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