MOHD. ASFAND AKHTAR,KANPUR vs. DEPUTI COMMISSIONER OF INCOME TAX CC-2, KANPUR

ITA 139/LKW/2022Status: DisposedITAT Lucknow26 September 2025AY 2018-19Bench: SHRI SUDHANSHU SRIVASTAVA (Judicial Member), SHRI ANADEE NATH MISSHRA (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that the assessee's retraction of the statement made during the survey was upheld by previous orders of the Tribunal. Furthermore, the spot inquiry procedure was not followed correctly, leading to the deletion of the addition.

What were the facts?

The Revenue appealed against the deletion of additions made on account of bogus unsecured loans and commissions, while the assessee appealed against the confirmation of additions related to sundry creditors. The additions were primarily based on statements made during a survey and subsequent spot inquiries.

What were the issues?

Whether additions made based on a retracted statement during a survey and flawed spot inquiries are sustainable. Whether the assessee's appeal grounds not pressed should be dismissed.

Which sections of the Income-tax Act were involved?

Section 68,Section 69C,Section 41(1)

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Income Tax Appellate Tribunal, LUCKNOW BENCH “A”, LUCKNOW

Before: SHRI SUDHANSHU SRIVASTAVA & SHRI ANADEE NATH MISSHRA

For Appellant: Shri Ashish Jaiswal, Advocate

PER ANADEE NATH MISSHRA, A.M.:

(A). These cross appeals have been filed by the assessee and by Revenue against the impugned appellate order dated 18.04.2022 of the Ld. Commissioner of Income Tax (Appeals), Kanpur-4 [“Ld. CIT(A)”, for short] for the A.Y. 2018-19. Grounds of appeal are as under: -

1.

The Ld. CIT(A), Kanpur has erred in law and facts in deleting the addition of Rs.4,51,00,000/- on account of bogus unsecured loan and ITA.

The order continues below.

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