INCOME TAX OFFICER , PANIPAT vs. GAURAV JAIN , PANIPAT
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted the CIT(A)/NFAC's clear finding that no amount of Rs. 40 lakhs formed the subject matter of any transaction between the assessee and M/s. A.K. Trading Company. This factual finding went unrebutted by the Revenue.
What were the facts?
The Revenue's appeal concerned assessment year 2017-18, arising from proceedings under section 147 of the Income-tax Act, 1961. The appeal challenged the CIT(A)/NFAC's deletion of an addition made by the Assessing Officer.
What were the issues?
Whether the CIT(A) was justified in deleting the addition of Rs. 40,00,000 made by the AO on the grounds of an alleged accommodation entry.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: "SMC" NEW DELHI
BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER
ITA No.8549/Del/2025 Assessment Year: 2017-18
Income Tax Officer, | Vs. | Sh. Gaurav Jain, Panipat | Prop. Haryana Filing Station, 40 Gandhi Mandi, Panipat, Haryana PAN: ADEPJ9821H (Appellant) | (Respondent)
Assessee by | Sh. Abhishek Agarwal, CA Sh. Varun Goel, CA Department by | Sh. Manoj Kumar, Sr. DR
Date of hearing | 21.01.2026 Date of pronouncement | 21.01.2026
ORDER
This Revenue's appeal for assessment year 2017-18, 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/250/2025-26/1082789002(1), dated 19.11.2025, involving proceedings under section 147 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').
Heard both the parties. Case files perused.
This Revenue's appeal raises the following substantive ground:
- "1. Whether the CIT(A) is right in law in deleting the said addition of Rs.40,00,000/-, which was made by the AO on account of established Accommodation Entry made by the assessee with Ms. Eshverya Jain Prop. M/s. A.K. Trading Co. during the year under consideration?" - 3. Suffice to say, a perusal of the CIT(A)/NFAC's lower appellate discussion from page 6 onwards indicates that he has made it clear that no such amount in issue of Rs.40 lakhs forms subject matter of any transaction; be it credit or debit, between the assessee and M/s. A.K. Trading Company in the relevant previous year. This clinching factual finding under challenge has gone been unrebutted from the Revenue side. Rejected accordingly. - 4. This Revenue's appeal is dismissed.
Order pronounced in the open court on 21st January, 2026
Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER
Dated: 9th February, 2026.
RK/-
Copy forwarded to:
- 1. Appellant - 2. Respondent - 3. CIT - 4. CIT(A) - 5. DR
Asst. Registrar, ITAT, New Delhi
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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