NEERAJ YADAV,GURGAON vs. ITO WARD 3(1), GURGAON
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’ NEW DELHI
Before: SHRI SATBEER SINGH GODARAAssessment Year: 2020-21
PER SATBEER SINGH GODARA, JM:
This assessee’s appeal ITA no. 7826/Del/2025 for assessment year
2020-21 arises against CIT(A)/ NFAC, Delhi’s order dated 29.09.2025 (DIN &
Order No. ITBA/NFAC/S/250/2025-26/1081300360(1), in proceedings u/s 147 of the Income-tax Act, 1961, hereinafter referred to as the ‘Act’.
Heard both the parties. Case file perused.
2. It emerges during the course of hearing that both the learned lower authorities have held the assessee as having not disclosed income from house property regarding his land at “Mandi” Chakkarpur, Gurgaon involving an amount
2
of Rs. 11.60 lakhs; in assessment order dated 20.03.2025 as upheld in lower appellate discussion.
3. Faced with this situation, learned counsel invites the tribunal’s attention to the assessee’s eponymous “HUFs” income tax return acknowledgement filed for the relevant assessment year appearing at page 137 of the paper book along with its computation appearing at pages 162-163 of the paper book, indicating it to have been duly assessed for the very rental income u/s 23(1) of the Act. It is thus crystal clear that both the learned lower authorities have wrongly assessed the assessee- individual for the alleged rental receipts than his HUF which is not found sustainable in very terms. Deleted accordingly.
4. This assessee’s appeal ITA no. 7826/Del/2025 is allowed.
Order pronounced in open court on 24.12.2025. (SATBEER SINGH GODARA)
JUDICIAL MEMBER
Dated: 29.12.2025. *MP*