NIRMAL KUMAR AGARWAL,HOWRAH vs. ITO, WARD 46(1),, KOLKATA

PDF · subscribers
ITA 288/KOL/2026Status: DisposedITAT Kolkata25 June 2026AY 2018-20193 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the issue to the Assessing Officer for readjudication. The assessee was granted an opportunity to produce all sale deeds before the AO.

What were the facts?

The assessee sold an immovable property through approximately 50 sale deeds. During assessment, the assessee could not produce all sale deeds, leading the AO to treat sale consideration as unexplained money. The assessee now claims to possess all sale deeds.

What were the issues?

Whether the sale consideration from the sale of immovable property can be treated as unexplained money when all sale deeds are not produced during assessment.

Which sections of the Income-tax Act were involved?

Section 69A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH,

Hearing: 25/06/2026Pronounced: 25/06/2026

आदेश/O R D E R Per George Mathan, JM: This is an appeal filed by the assessee against the order of the NFAC, Delhi [hereinafter referred to as the ‘CIT(A)’] in appeal no.NFAC/2017-18/10038991 dated 09.12.2025. 2. Shri P. K. Himmatsingh, AR represented on behalf of the assessee and Shri Mrinmay Basak, Sr. DR represented on behalf of the revenue.

3.

It was submitted by the ld. AR that the assessee along with two brothers had sold an immovable property. The sale comprises of

ITA 288/Kol/2026 nearly 50 sale deeds. In the course of assessment, the assessee was unable to produce all the sale deeds. Consequently, the Assessing Officer had treated the receipt of sale consideration as unexplained money u/s 69A of the Act. It was prayed that the assessee is now in possession of all sale deeds and an opportunity may be granted to the assessee to produce the documents before the Assessing Officer. 4. In reply, the ld. Sr. DR did not raise any objection. 5. I have considered the rival submissions. As it is noticed that the assessee has not produce the copies of sale deeds before the Assessing Officer or the ld. CIT(A) and only four documents have been produced and now the assessee is in possession of all the documents, in the interest of justice, the issues in this appeal are restored to the file of the Assessing Officer for readjudication after granting the assessee adequate opportunity of being heard. 6. In the result, the appeal of the assessee is partly allowed for statistical purposes. Order pronounced in the open court on 25/06/2026.

Sd/- (GEORGE MATHAN) न्यधनयक सदस्य / JUDICIAL MEMBER Kolkata, Dated: 25/06/2026 RS

ITA 288/Kol/2026

आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. संबंधित आयकर आयुक्त / Concerned CIT 4. आयकर आयुक्त(अपील) / The CIT(A)- 5. ववभागीय प्रतततनधि, आयकर अपीलीय अधिकरण,/ DR, ITAT, Kolkata 6. गार्ड फाईल / Guard file.

BY ORDER,

Asstt. Registrar, ITAT, Kolkata

More judgments on Section 69A

All 15,297 judgments and leading authorities on Section 69A →

Recent GST High Court judgments

Search GST case law →