RAKESH GARG,INDORE vs. ITO 4(3), INDORE

ITA 138/IND/2026Status: DisposedITAT Indore14 May 2026AY 2013-1412 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the addition of Rs. 25,00,000/- under Section 69A was not sustainable. It relied on previous decisions stating that the companies involved were not paper or shell companies.

What were the facts?

The Assessing Officer (AO) made an addition of Rs. 25,00,000/- under Section 69A of the Income Tax Act, 1961, treating it as unexplained credit entry from certain companies. The CIT(A) deleted an addition of Rs. 75,000/- (commission) but confirmed the main addition.

What were the issues?

Whether the addition of Rs. 25,00,000/- as unexplained credit entry under Section 69A was justified, and if the reassessment proceedings were valid.

Which sections of the Income-tax Act were involved?

Section 69A,Section 147,Section 148,Section 253,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: SHRI BHAGIRATH MAL BIYANI, ACCOUNTANT & SHRI PARESH M JOSHI

For Appellant: Ms. Aayushi Garg, CAs
For Respondent: Shri Ashish Porwal, Sr. DR
Hearing: 07.05.2026Pronounced: 14.05.2026

Per Paresh M Joshi, J.M.:

This is an appeal filed by the assessee Under Section 253 of the Income Tax Act, 1961 (hereinafter referred to as the Act for the sake of brevity) before this Tribunal as and by way of a second appeal. The assessee is aggrieved by the order bearing

Number: - ITBA/NFAC/S/250/2025-26/1081177689(1) dated

25.09.

2025 passed by the Ld. CIT(A) u/s 250 of the Act which is Rakesh Garg ITA. No.138/Ind/2026 – A.Y. 2013-14

hereinafter referred to as the “Impugned order”. The relevant

Assessment Year is 2013-14 and the corresponding previous year

period is from 01.04.2012 to 31.03.2013. FAC

The order continues below.

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