SWETA ANAND ,GAUTAM BUDDHA NAGAR, UTTAR PRADESH vs. ITO WARD 5(2)(4), NOIDA, NOIDA
What did the Tribunal hold?
The Tribunal found that the assessee could not justify the source of purchase of property. The appeal was remitted to the CIT(A) to consider the issue afresh after allowing the assessee an opportunity to adduce evidence, specifically bank statements showing loan disbursement.
What were the facts?
The assessee failed to appear before the Tribunal, and the Revenue was represented. The assessee had not provided sufficient evidence, such as bank statements, to justify the source of funds for a property purchase claimed to be from a bank loan.
What were the issues?
Whether the assessee provided sufficient evidence to justify the source of funds for a property purchase. The need for documentary evidence like bank statements to substantiate loan sources.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Before: MS MADHUMITA ROY
आदेश / ORDER
PER MADHUMITA ROY, JUDICIAL MEMBER: The instant appeal filed by the assessee is directed against the order dated 19.03.2026 passed by the Ld. Commissioner of Income-tax (Appeals)-1, Jaipur
ITA 3180/DEL/2026 SWETA ANAND
[hereinafter referred to as the Ld. CIT(A)] under Section 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) arising out of the Assessment Order dated 26.12.2019 passed by the ITO, Ward-5(3)(2), Gautam Budh Nagar (hereinafter referred to as ‘the ld. AO’) under Section 143(3) of the Act for Assessment Year 2012-13.
None appeared at the time of hearing on behalf of the assesseee.
Heard the Ld. DR and perused the record. Having regard to the facts of the case, I find that since the assesseee has not been able to justify the source of purchase of property by obtaining loan from the bank in the absence of bank statements and merely on the basis of sanction letter, the said source was not accepted by the Ld. AO, the appeal filed by the assessee was rejected by the Ld. CIT(A), confirming the addition made by the Ld. AO.
It is relevant that the assessee has not been able to clarify the source of purchase of property, had the same been placed the assessment could have been otherwise. Thus, the appeal is remitted to the file of the Ld.CIT(A) to consider the issue afresh upon giving an opportunity to the assessee to adduce evidence. The assessee is also directed to produce the bank statement showing disbursement of loan by the bank which has been claimed to be the source of purchase of the property by him. In the event such document is produced before
ITA 3180/DEL/2026 SWETA ANAND
the Ld. AO, the Ld. AO will be at liberty to finalise the issue in accordance with the law.
In the result, the appeal filed by the Assessee is allowed for statistical purpose.
Order pronounced in the open court on 26.05.2026. Sd/-
(MADHUMITA ROY) JUDICIAL MEMBER Dated: 26th May,, 2026. Copy to: SWETA ANAND , FUSION HOMES FLAT NO D 1503, ROZA YAKUBPUR B.O, ROZA YAKUBPUR, 1 GAUTAM BUDDHA NAGAR, GAUTAM BUDH NAGAR-201009, UTTAR PRADESH ITO WARD 5(2)(4), NOIDA, 2 NOIDA, UP, NOIDA-201301, UTTAR PRADESH 3 THE PCIT / CIT, 4 THE D.R., ITAT, DELHI BENCH 5 GUARD FILE
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