SUNIL KUMAR,DELHI vs. ITO WARD 34(5), DELHI
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 condoned the delay in filing the appeal and granted the assessee one more opportunity to present their case before the CIT(A) to ensure principles of natural justice are followed.
What were the facts?
The assessee paid Rs. 1,80,00,000/- for outward foreign remittance, which the AO treated as unexplained expenditure. The CIT(A) dismissed the assessee's appeal for non-prosecution.
What were the issues?
Whether the addition of Rs. 1,80,00,000/- as unexplained expenditure was justified, and whether the dismissal of the appeal by the CIT(A) for non-prosecution was proper.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI
Per Kavitha Rajagopal, JM: This appeal is filed by the assessee, challenging the order of the Learned
Commissioner of Income Tax (Appeals) [‘Ld. CIT(A)’ for short], National Faceless Appeal
Centre (“NFAC” for short) passed u/s. 250 of the Income Tax Act, 1961 (‘the Act'), pertaining
to the Assessment Year (‘A.Y.’ for short) 2022-23.
The assessee has raised the following grounds of appeal.
“1. Whether the Ld. CIT(A) has erred in facts and circumstances of the case in confirming the action of the A.O. of making additions of Rs 1,80,00,000 u/s 69C of the Act purely on conjectures and surmises, relying
ITA No. 8765/Del/2025 Sunil Kumar Vs. ITO upon statements unsupported by any other material or corroborative evidence and without giving any opportunity to the appellants to cross examine the person whose statement has been relied upon by the A.O. which is bad in law and against natural justice and hence the order is to be set aside. 2. That on the facts and circumstances of the case the Ld CIT(A) has grossly erred in confirming the action of the A.O. by ignoring the submissions and documents filed before the A.O. without giving any cogent reasons and hence the order being bad in law needs to be struckdown. 3. That the appellant craves leave to add, amend or delete any of the grounds during the course of appellate proceedings.”
It is observed that the assessee has filed the present appeal with a delay of 85
days beyond the period of limitation for which the assessee has filed an application
along with an affidavit for condoning the said delay. On perusal of the same, we deem it
fit to condone the delay for the reason that the assessee had ‘sufficient cause’ for the
said delay. Delay condoned.
Brief facts of the case are that, the assessee is a resident individual and had filed
his return of income for the year under consideration dated 31/07/2022 declaring total
income at Rs. 7,96,520/- and the same was processed u/ s 143(1) of the Act. The
assessee’s case was selected for scrutiny through CASS to verify the transaction of Rs.
1,80,00,000/- which was paid by the assessee to Sh. Sanjay Garg for outward foreign
remittance alleged to be a bogus transaction. The Ld. A.O. passed the assessment order
u/s 143(3) r.w. 144B of the Act dated 15/03/2024 determining total income at Rs.
ITA No. 8765/Del/2025 Sunil Kumar Vs. ITO 1,87,96,520/- after making an addition of Rs. 1,80,00,000/- as unexplained expenditure
u/s 69C of the Act.
Aggrieved, the assessee was in appeal before the first appellate authority who
vide an ex-parte order dated 25/07/2025 dismissed the appeal field by the assessee on
the ground of non prosecution. The assessee is in appeal before us challenging the
impugned order of Ld. CIT(A)
We have heard the rival submissions and perused the material available on
record. It is observed that pursuant to the search and seizure operation carried on
10/10/2021 in the case of Aditya Kumar Jha alleged to have been engaged in operating
various domestic entities for the purpose of foreign outward remittance as the modus
operandi was to receive the RTGS entries from Sh. Manoj Kumar Gupta for routing the
funds and finally remitting the same to foreign entities which are managed and
operated by the said person. The statement of Sh. Manoj Kumar Gupta revealed that
Sh. Sanjay Garg was also associated with him to whom the assessee is said to have paid
1,80,00,000/- as outward foreign remittance. The Ld. A.O made an addition on the
impugned amount as unexplained expenditure u/s 69C of the Act for the reason that the
assessee had furnished only a self declaration affidavit which was not signed by any
competent authority and having no evidentiary value. Before the first appellate
authority the assessee was non-complaint inspite of various notices being issued on
different dates. 3
ITA No. 8765/Del/2025 Sunil Kumar Vs. ITO
The Ld. Authorized Representative (in short “Ld. AR)” prayed that the assessee
has got a good case on merits and hence be given one more opportunity to present his
case before the first appellate authority, for which the Ld. DR vehemently opposed
stating that several opportunities were already granted to the assessee which were not
availed.
On the above facts of the case, we deem it fit to extend one more opportunity to
the assessee to present his case before the first appellate authority by adhering to the
principles of natural justice and in the interest of justice dispensation with a direction
that the assessee shall comply with the proceedings before the Ld. CIT(A) without any
undue delay from his side. The Ld. CIT(A) is directed to adjudicate the issue de-novo on
the basis of the submission of the assessee and on considering the documentary
evidences, if any, filed. Hence, the grounds of appeal raised by the assessee are hereby
allowed for statistical purpose.
In the result, the appeal filed by the assessee is hereby allowed for
statistical purpose.
Order pronounced in the open court on 30 .06.2026
Sd/- Sd/- (M BALAGANESH) (KAVITHA RAJAGOPAL) ACCOUNTANT MEMBER JUDICIAL MEMBER Date:- 30 .06.2026 Reshma Naheed, Sr.P.S
ITA No. 8765/Del/2025 Sunil Kumar Vs. ITO
More judgments on Section 69C
- Jitendrakumar Bhikhabhai Shrimali, Mehsana vs ITO Ward 1, MehsaanaITA 1290/AHD/2026[2017-18]Status: Disposed21 Oct 2026AY 2017-18
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