MAHIMA LOGICTICS PVT. LTD.,NAGPUR vs. DCIT, NEW DELHI

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘C’, NEW DELHI BEFORE SH. SATBEER SINGH GODARA, JUDICIAL MEMBER AND SH. NAVEEN CHANDRA, ACCOUNTANT MEMBER ITA No. 5356/Del/2014 (Assessment Year : 2007-08) M/s. Mahima Logistics Pvt. Vs. DCIT Ltd. Central Circle – 11 F-315, Ground Floor, Old MB New Delhi Road, Lado Sarai, Krishna Art, New Delhi PAN No. AAKCS 0797 D (APPELLANT) (RESPONDENT) Assessee by -None- Revenue by Shri Vikram Singh Sharma, CIT-D.R. Date of hearing: 03.07.2026 Date of Pronouncement: 03.07.2026

ORDER PER NAVEEN CHANDRA, ACCOUNTANT MEMBER : This captioned appeal has been filed by the assessee against the order of the Learned CIT(A)-44, New Delhi dated 10.03.2015 arising out of the order under section 153A of the Act on 28.08.2013 by the Income Tax Department for Assessment Year 2007-08.

ITA No. 5356/DEL/2014 [A.Y 2007-08] M/s. Mahima Logistics Pvt. Ltd. vs DCIT 2. None appeared on behalf of the assessee. We took assistance of the ld DR and perused the written submissions dated 06.12.2019 made by the assessee. 3. Brief facts of the case are that a search and seizure operation under section 132 of the Act was conducted at different premises of M/s Shiv Vani Group on 06.01.2011. The assessee filed its return of income showing loss of Rs.2,08,413/- on 11.02.2012 in response to notice u/s 153A. 4. The assessing officer in his order dated 28.03.2013 u/s 153A made the addition of Rs. 25 Lakh against the share application money received from three parties during the year. The addition made in the hands of assessee was on protective basis. The said addition was made on substantive basis in the hands of Shiv Vani Oil & Gas Exploration Services Limited. Upon appeal, the CIT(A) confirmed the additions. 5. It is submitted that the substantive addition made in the hands of M/s. Shiv Vani Oil and Gas Exploration Services Ltd, has been sustained by the Hon’ble CIT(A), a copy of CIT(A) order dated 10.03.2015 is placed on record. It is argued that once the substantive addition has been sustained in the hand of the M/s Shiv Vani Oil and Gas Exploration Services Ltd, the protective addition made in the assessee’s case cannot stand as legal addition.

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ITA No. 5356/DEL/2014 [A.Y 2007-08] M/s. Mahima Logistics Pvt. Ltd. vs DCIT 6. We have heard the rival submissions and perused the material available on record. We find that the addition of Rs.25 lakh against the share application money received during the year from 3 parties have been made on protective basis in the hands of the assessee company and on substantive basis in the case of M/s. Shiv Vani Oil and Gas Exploration Services Ltd. The fact also remains uncontroverted that the CIT(A) has sustained the substantive addition made in the case of the M/s. Shiv Vani Oil and Gas Exploration Services Ltd. In such facts and circumstances, following the decision of hon’ble Delhi High Court in the case of PCIT V Electrical and Electronic India Ltd in ITA 595/2023, we are of the considered view that the protective addition of Rs 25 lakh made in the hands of the assessee cannot be sustained in the eyes of law. The same is therefore, deleted and appeal of the assessee is allowed. 7. In the result, appeal filed by the assessee in ITA No. 5356/DEL/2014 is allowed. Order pronounced in the open court on 03.07.2026

Sd/- Sd/- (SATBEER SINGH GODARA) (NAVEEN CHANDRA) JUDICIAL MEMBER ACCOUNTANT MEMBER Date:- 27.07.2026

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ITA No. 5356/DEL/2014 [A.Y 2007-08] M/s. Mahima Logistics Pvt. Ltd. vs DCIT Priti Yadav, Sr. Ps* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI

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