THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -1 vs. SOM HARI INFRASTRUCTURE PVT. LTD.
What did the High Court hold?
The Tribunal held that since no incriminating material was found during the search proceedings for the relevant assessment year, the addition made by the AO was impermissible. The High Court agreed that the issue was factual and did not involve a question of law.
What were the facts?
The Assessing Officer added Rs. 21,00,00,000/- to the assessee's income for AY 2012-13, citing lack of creditworthiness of a Kolkata firm that advanced the sum. The CIT(A) and ITAT deleted this addition.
What were the issues?
Whether an addition can be made for an assessment year if no incriminating material is found during search proceedings for that specific year.
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Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Kabul Chawla3,235 citing61 Taxmann.com 412 · 2016 · HC · Read judgment
- Pr. CIT v. Abhisar Buildwell (P.) Ltd.2,379 citing2 SCC 433 · 2023
ITA 699/2025 Page 1 of 2
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:- 7th January, 2026. + ITA 699/2025 and CM APPL. 75698/2025
THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -1
.....Appellant Through: Mr Ruchir Bhatia, SSC and Mr. Anant Mann, JSC.
versus
SOM HARI INFRASTRUCTURE PVT. LTD. .....Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE DINESH MEHTA
HON'BLE MR. JUSTICE VINOD KUMAR
J U D G M E N T DINESH MEHTA, J. (Oral) 1. The present appeal relates to the addition of a sum of Rs.21,00,00,000/- to the returned income in the hands of the respondent- assessee for the Assessment Year (AY) 2012-13, which was made by the Assessing Officer (AO) holding, inter alia, that the concerned firm located in Kolkata did not have creditworthiness. 2. The Commissioner of the Income Tax (Appeals)-24 (hereinafter referred to as ‘CIT(A)’) set aside the aforesaid addition vide his order dated 22.06.2020 holding that there was no incriminating material unearthed during the search proceedings. And the conclusion that the firm at Kolkata, which had advanced sum of Rs.21,00,00,000/- did not have creditworthiness was drawn only during the assessment proceedings. The CIT(A) also relied upon judgment of this Court in the case of Commissioner of Income-tax Digitally Signed By:NAVEEN KUMAR Signing Date:09.01.2026 19:02:48 Signature Not Verified
ITA 699/2025 Page 2 of 2
(Central)-III vs. Kabul Chawla, reported in [2015] 61 taxmann.com 412 (Delhi) and deleted the addition so made. 3. It is to be noted that the judgment of this Court rendered in the case of Kabul Chawla (supra) has been affirmed by Hon'ble the Supreme Court in the case of Principal Commissioner of Income Tax, Central-3 vs. Abhisar Buildwell Private Limited reported in (2024) 2 SCC 433. 4. In an appeal filed by the Department, against the above referred order of the CIT(A) dated 22.06.2020, the Income Tax Appellate Tribunal, (Delhi Bench ‘G’ New Delhi) also took the same view vide order dated 30.04.2025 and recorded a finding that since there was no incriminating material with the AO during the search and hence, therefore, addition for the Assessment Year 2012-13 was impermissible in law as the proceedings emanated from search. 5. Having heard learned counsel for the appellant and upon perusal of the orders under consideration, we are of the firm view that the issue is essentially that of facts and does not involve question of law. 6. That apart, it is a settled position of law that in case no incriminating material is found for the relevant assessment year, the AO cannot make addition as has been held in Kabul Chawla (supra). 7. The appeal alongwith pending application is, therefore, dismissed.
DINESH MEHTA
(JUDGE)
VINOD KUMAR (JUDGE) JANUARY 7, 2026/MR Digitally Signed By:NAVEEN KUMAR Signing Date:09.01.2026 19:02:48 Signature Not Verified
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