SANTOSH GUPTA,AGRA vs. ITO 4(3)(3) KASGANJ, KASGANJ

ITA 299/AGR/2026Status: DisposedITAT Agra24 June 2026AY 2012-135 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the CIT(A) failed to judicially appreciate the facts and evidence, particularly the assessee's affidavit stating no property was purchased. The inclusion of irrelevant pages in the CIT(A)'s order indicated a non-application of mind.

What were the facts?

The assessee, a non-filer, was subject to a best judgment assessment under sections 147/144 of the Income Tax Act. The Assessing Officer treated the assessee's alleged one-third share of investment in an immovable property, amounting to Rs. 45,98,000, as unexplained.

What were the issues?

Whether the CIT(A) erred in confirming the addition of Rs. 45,98,000 as unexplained investment without appreciating the assessee's affidavit and surrounding circumstances.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 69

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AGRA(SMC

Before: SUNIL KUMAR SINGHBRAJESH KUMAR SINGH

For Appellant: Shri Prem Gul, CA
For Respondent: Shri Anil Kumar, Sr (DR)
Hearing: 22.06.2026Pronounced: 22.06.2026

PER:SUNIL KUMAR SINGH, JUDICIAL MEMBER

This appeal is directed against the impugned order dated 02.02.2026 passed in appeal No NFAC/2011-12/10313924 by the ld. Commissioner of Income Tax/NFAC(Delhi) (hereinafter referred to as the “CIT(A) u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as the “Act”) for the A.Y. 2012-13, wherein ld CIT(A) has dismissed assessee’s appeal.

2.

The brief facts state that assessee is a non filer. According to the assessment order there was an information with the department that the assessee invested in an immovable property purchased by 3 persons for the consideration of Rs. 1,37,94,000/- each having equal share of Rs. 45,98,000/-. The case was reopened by issuance of notice u/s 148 of the Ac

The order continues below.

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