INCOME TAX OFFICER, HISAR vs. VINEET MAINI, HISAR

ITA 6696/DEL/2026Status: DisposedITAT Delhi30 September 2026AY 2020-213 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the Revenue's appeal was without merit. Regarding the tax limit, the judgment notes that the tax involved (Rs.18.33 lakhs) is less than the prescribed limit of Rs.60 lakhs in CBDT Circular No. 9/2024. However, it does not explicitly state whether this renders the appeal non-maintainable or if the Tribunal has jurisdiction despite this. On the merits of the reassessment, the Tribunal found that apart from drawing inferences from seized material during the search at M/s. Omaxe group's premises, there was no actual evidence to support the allegation that the assessee had paid the 'on-money' of Rs.23.50 lakhs. The absence of any agreement or receipt signed with the vendor was highlighted as a lack of evidence. Therefore, the Tribunal saw no merit in the Revenue's case, even on merits, and declined it in very terms. The appeal was dismissed.

What were the facts?

The Revenue has filed an appeal for Assessment Year 2020-21 against the order of the CIT(A)/NFAC, Delhi, dated 30.04.2026, which arose from proceedings under section 147 of the Income-tax Act, 1961. The tax involved in the appeal is Rs.18.33 lakhs, which is below the Rs.60 lakhs limit prescribed by CBDT Circular No. 9/2024. The Assessing Officer had framed a reassessment on 07.03.2025, alleging unexplained investment of Rs.23.50 lakhs representing 'on-money' paid by the assessee, Vineet Maini, to M/s. Omaxe group for their project 'The Lake Chandigarh'. The Revenue's case was based on inferences drawn from seized material during a search at M/s. Omaxe group's premises.

What were the issues?

1. Whether the Tribunal had jurisdiction to hear the appeal, given that the tax involved (Rs.18.33 lakhs) is below the Rs.60 lakhs limit stipulated in CBDT Circular No. 9/2024, dated 17th September, 2024? (Question of law) Assessee's contentions: Not recorded. Revenue's contentions: Not recorded. 2. Whether the reassessment framed by the Assessing Officer under section 147, alleging unexplained investment of Rs.23.50 lakhs as 'on-money' paid to M/s. Omaxe group, was sustainable in the absence of direct evidence such as an agreement or receipt signed with the vendor? (Question of mixed law and fact, turning on Section 147 and Section 68 of the Act) Assessee's contentions: Not recorded. Revenue's contentions: Not recorded.

Which sections of the Income-tax Act were involved?

Section 147,Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI

Before: SHRI SATBEER SINGH GODARA

For Appellant: CA Sh. Mohit Girdhar, CA
Hearing: 04.08.2026Pronounced: 04.08.2026

This Revenue’s appeal for assessment year 2020-21, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2026-27/1088739195(1), dated 30.04.2026 involving proceedings under section 147 of the Income- tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused.

2.

It transpires during the course of hearing that the tax involved in the instant appeal is Rs.18.33 lakhs as per its Form 36 attached herein which turns out to be less than the prescribed tax limit of Rs.60 lakhs in CBDT’s landmark Circular No. 9/2024, dated 17th September, 2024. 3. The fact also remains that that the learned Assessing Office

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →