INCOME TAX OFFICER , PANIPAT vs. GAURAV JAIN , PANIPAT

PDF · subscribers
ITA 8549/DEL/2025Status: DisposedITAT Delhi21 January 20262 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

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?

Section 147,Section 143(3)

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.

2.

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

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

Recent GST High Court judgments

Search GST case law →