DCIT,CENTRAL CIRCLE-1, GUWAHATI vs. SATISH JALAN, SHILLONG

ITA 62/GTY/2025Status: DisposedITAT Guwahati17 November 2025AY 2017-18Bench: ITAT.10 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that while res judicata doesn't apply to tax proceedings, earlier evidence has value. Given the fresh evidence presented before the CIT(A) and the lender's alleged involvement in other proceedings, the Tribunal set aside the CIT(A)'s order.

What were the facts?

The Revenue appealed against the CIT(A)'s deletion of an addition of Rs. 2,50,00,000/- made under Section 68 as unexplained cash credit. The assessee had claimed this as an unsecured loan, but the AO found the genuineness and creditworthiness of the lender unverified.

What were the issues?

Whether the CIT(A) erred in deleting the addition under Section 68 without properly appreciating the assessee's failure to substantiate the genuineness and creditworthiness of the lender, especially when the lender did not comply with summons and notices.

Which sections of the Income-tax Act were involved?

Section 68,Section 131,Section 133(6),Section 276CC

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Income Tax Appellate Tribunal, GUWAHATI BENCH, GUWAHATI

PER SANJAY AWASTHI, ACCOUNTANT MEMBER:

1.

This appeal is time barred by 19 days, for which an application has been filed by the Revenue for condoning of the said delay as under:

“With due respect, the undersigned begs to state that, due to the following reasons the filling of appeal in Ld. ITAT got delayed. The reasons are as follows

1.

Recently one inspector of income tax posted in the Central Circle-1, Guwahati has been transferred to Delhi on deputation. However no substitute was given to this office, resulting in delay

The order continues below.

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