ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-70(1), NEW DELHI vs. SACHIN GAUR, DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the AO wrongly assessed the sale transaction of immovable property as unexplained money. The balance amount was paid by the new buyers directly to the developer, and the assessee did not benefit from it.
What were the facts?
The assessee declared income, but the AO made an addition of Rs. 18,63,37,342/- treating it as unexplained money under Section 69A. The assessee had booked a property, received an offer of possession, and later sold their rights to new buyers who paid the balance amount directly to the developer.
What were the issues?
Whether the sale consideration received by the assessee for the transfer of rights in an immovable property, where the balance payment was made directly by the ultimate buyer to the developer, can be treated as unexplained money in the hands of the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI
Before: YOGESH KUMAR U.S. & SHRI MANISH AGARWAL
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI (DELHI BENCH ‘C’ NEW DELHI) BEFORE YOGESH KUMAR U.S., JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER
ITA No. 7244/DEL/2025 (A.Y. 2022-23)
Assistant Commissioner of Vs Sachin Gaur Income Tax, Circle-70(1), Room A-1/7, Vasant Vihar, No. 1802, E-2, Block Civic New Delhi Centre, New Delhi PAN: AANPG5142N
Appellant Respondent Assessee by Sh. Ved Jain, Adv & Sh. Ayush Garg, CA Revenue by Sh. Dayainder Singh Sidhu, CIT DR Date of Hearing 17/03/2026 Date of Pronouncement 24/04/2026
ORDER PER YOGESH KUMAR, U.S. JM: The present appeal is filed by the Revenue against the order of Ld.
Commissioner of Income Tax (Appeals/ National Faceless Appeal Centre
(‘Ld. CIT(A)/NFAC’ for short), New Delhi dated 13/09/2025 for the
Assessment Year 2022-23.
Brief facts of the case are that, the Assessee filed return of income
declaring total income at Rs. 1,82,62,190/- which was selected for
scrutiny under CASS for the reason ‘Low Long Term Capital Gain and
High Improvement Cost and Large Investment in property as compared
to total income. Assessment order came to be passed on 24/03/2024 by
2 ITA No. 7244/Del/2025 ACIT Vs. Sachin Gaur
making an addition of Rs. 18,63,37,342/- by treating the same as
unexplained money under Section 69A of the Income Tax Act, 1961 ('Act'
for short). As against the assessment order dated 24/03/2024, Assessee
preferred an Appeal before the Ld. CIT(A). The Ld. CIT(A) vide order
dated 13/09/2025,allowed the Appeal of the Assessee.
The Ld. Departmental Representative vehemently submitted that
the Ld. CIT(A) erred in deleting the addition of Rs. 18,63,37,342/- made
by the A.O. under Section 69A of the Act by ignoring the fact that the
said amount was considered as sale consideration of immovable
property, however, in actual, the Assessee received only Rs.
1,99,00,000/- and the balance amount of Rs. 16,64,37,342/- was
directly paid to the developers by the buyers, while doing so ignored the
fact that alleged possession of the property has been given for meager
amount of Rs. 1,99,00,000/- i.e. 10.67 percentage of the cost in the year
2015 itself. Thus, submitted that the order of the Ld. CIT(A) is erroneous
and is liable to be set aside.
Per contra, the Ld. Assessee's Representative relying on the order of
the Ld. CIT(A) submitted that the Assessee has booked the immovable
property in the Farm of Sport Villa,17, Jay Pee Greens, Greater Noida
and also allotment letter dated 30/03/2012 has been issued in the name
3 ITA No. 7244/Del/2025 ACIT Vs. Sachin Gaur
of the Assessee. The Assessee has also got the offer of possession on
15/02/2015 by developer,wherein the total value of the property was
enhanced to Rs. 18,65,37,342/- with outstanding balance of Rs.
16,64,37,342/-. Subsequently, the Assessee sold said rights on the
property to the new buyers namely Mr. Yatharth Attrey and Smt. Neena
Tyagi vide an agreement dated 07/10/2021 and the balance payment
has been made by the buyers to the developer directly. Further
submitted that the said property has been transferred in the name of
new buyers by the developers and the Assessee rightly claimed the Long-
TermCapital Gain of Rs. 1,43,84,239/-. Further submitted that the
buyers as well as the developers have also endorsed the said transaction
of the Assessee with credible evidences and documents. The Ld. CIT(A)
after appreciating the entire facts, deleted the addition, which requires
no interference at the hands of the Tribunal. Thus, sought for dismissal
of the Appeal.
We have heard both the parties and perused the material available
on record. The Assessee has been issued with allotment letter dated
30/03/2012 wherein the Assessee has made payment of Rs.
1,99,00,000/- to the developer in respect of property in the form of
SportVilla-17, Jaypee Corners, Greater Noida. Subsequently, offer of
possessionvide letter dated 15/02/2015 has been issued by the
4 ITA No. 7244/Del/2025 ACIT Vs. Sachin Gaur
developer to the Assessee, wherein the total value of the property was
enhanced to Rs. 18,63,37,342/- with outstanding balance of Rs.
16,64,37,342/-. The said right of the Assessee has been purchased by
Mr. Yatharth Attrey and Smt. Neena Tyagi vide an agreement dated
07/10/2021. Ultimately the said property has been purchased by buyers
namely Mr. Yatharth Attrey and Smt. Neena Tyagi by making remaining
balance sale consideration of Rs. 16,64,37,342/- to the developer directly
and the property has been directly transferred in the name of those two
buyers by the developers. The Assessee has produced cogent
documentary evidence in order to establish the said transaction fact.
However, the A.O. held that the total sale consideration as per the
agreement to sale of Rs. 18,63,37,342/- was unexplained money under
Section 69A of the Act and taxed in the hands of the Assessee. It is
observed that while making the said addition A.O. failed to establish that
the Assessee has been benefitted to the tune of Rs. 18,63,37,342/- in the
said transaction. On the contrary, it has been clearly established that,
out of Rs. 18,63,37,342/- an amount of Rs. 16,64,37,342/. - was directly
paid to developers by the new buyers. Hence it cannot be said that
appellant has benefitted directly or in directly by the said amount of Rs.
16,64,37,342/-. Further A.O. has also made enquiries under Section
133(6) of the Act with the developer as well as new buyers, wherein both
5 ITA No. 7244/Del/2025 ACIT Vs. Sachin Gaur
the developer as well as new buyers have endorsed the transaction of the
Assessee with supporting evidences. In view of the same and in the
absence of any contrary evidence or facts brought on record by the
Revenue, we find no error or infirmity in the finding of the Ld. CIT(A) that
the A.O. has wrongly assessed the genuine sale transaction of immovable
property as unexplained money under Section 69A of the Act in the
hands of the Assessee. Accordingly, finding no merit in the Grounds of
Appeal of the Revenue the Grounds of Appeal of the Revenue are
dismissed.
In the result, Appeal of the Revenue is dismissed.
Order pronounced in the open court on 24th April, 2026
Sd/- Sd/- (MANISH AGARWAL) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Date:- 24 .04.2026 Reshma Naheed, Sr.P.S Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT
ASSISTANT REGISTRAR ITAT, NEW DELHI
6 ITA No. 7244/Del/2025 ACIT Vs. Sachin Gaur
More judgments on Section 69A
- Vishal Kumar Patel(HUF), Raipur vs DCIT, Circle-1(1), RaipurITA 595/RPR/2026[2017-18]Status: Heard21 Oct 2026AY 2017-18
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Neepaben Sunnybhai Motwani, Rajkot vs Income Tax Officer, RajkotITA 875/RJT/2026[2021-22]Status: Disposed19 Oct 2026AY 2021-22
Recent GST High Court judgments
Search GST case law →- Dipanshu Aggarwal vs. Director General Of GST IntelligenceDelhi · 28 Oct 2026
- Dezinetree Projects PVT. LTD. vs. Spokes Digital Inc And AnrDelhi · 28 Oct 2026
- Jaydeep Jayantilal Hudaka vs. State Of GujaratGujarat · 28 Oct 2026
- Commissioner/Additional Commissioner Of Central Tax vs. M/S INDIA Agro Exports Private LimitedKarnataka · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026