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Facts
The assessee's appeal for AY 2012-13 arose from proceedings under section 144 read with section 147 of the Income-tax Act. The appeal concerned two additions: Rs. 5,24,197/- for unexplained credit card payments and Rs. 1,97,880/- based on Form 26AS figures.
Held
The Tribunal deleted the addition of Rs. 5,24,197/- as the assessee's company had substantiated the expenditure. The addition of Rs. 1,97,880/- was also deleted as the assessee demonstrated that such income was not reflected in their Form 26AS.
Key Issues
Validity of additions for unexplained credit card payments and discrepancies in Form 26AS.
Sections Cited
147, 144
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI
Before: SHRI SATBEER SINGH GODARA
ORDER This assessee’s appeal for assessment year 2012-13, arises against the Addl./Joint Commissioner of Income Tax (Appeals)
[in short, the “CIT(A)”], Nashik’s DIN & Order No:ITBA/APL/S/250/2025-26/1082203910(1),dated 31.10.2025 involving proceedings under section 144 r.w.s 147 of the Income- tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case file perused.
Coming to the first and foremost issue between the parties regarding an addition of Rs.5,24,197/- representing the assessee’s unexplained payment of his credit card bills to the tune of Rs.5,24,197/-, it is noticed from a perusal of the case records that it was his company M/s Mixorg Consulting Services Pvt. Ltd. who has all along supported the case of having actually incurred the same which was also sent to the Assessing Officer for his remand report. I thus don’t find any merit to the impugned addition of unexplained expenditure payment of Rs.5.24 lakhs in the hands of the assessee. Deleted accordingly.
Learned departmental representative next vehemently submits that latter addition of Rs.1,97,880/- has been rightly made in the hands of the assessee going by his Form 26AS figures taken note of by both the lower authorities. The assessee has placed on record the same wherein no such income has been incorporated. This latter addition also follows the suit therefore.
Both the impugned additions stand deleted.
The assessee’s appeal is allowed.