ANIL KATARIA,NEHRU NAGAR, MAWANA ROAD vs. WARD 1(1)(1) , MEERUT, AAYAKAR BUILDING , MEERUT
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2020-21
arises against the CIT(A)-3,
Noida’s
DIN
&
order
No.
ITBA/APL/M/250/2025-26/1080364066(1) dated 04.09.2025, in proceedings u/s 147 r.w.s. 144 of the Income Tax Act, 1961 (in short “the Act”).
Case called twice. None appears at the assessee’s behest. He is accordingly proceeded ex-parte.
It next emerges with the able assistance coming from the Revenue side that both the learned lower authorities have added sum of Rs.4,66,179/- as the assessee’s unexplained investment u/s 69B r.w.s. 115BBE of the Act made with M/s Bhutani Infra & Associates in assessment order dated 31.03.2025 as upheld in the lower appellate discussion. Anil Kataria
2
4. The Revenue vehemently argues in support of the impugned addition that the same deserves to be very much upheld since made on account of the assessee’s failure to explain the source thereof all along.
This tribunal has given it’s thoughtful consideration to the assessee’s pleadings all along and the Revenue’s foregoing vehement submissions. No merit is found in the impugned addition. This is for the precise reason that not only the learned lower authorities have failed to prove any such cash investment made at the assessee’s behest with M/s Bhutani Infra by filing even a receipt thereof but also such an investment made from past accumulated savings keeping in mind his socio economic status could be altogether ruled out as well. It is therefore concluded that the impugned addition is not sustainable in the assessee’s hands in very terms. Deleted accordingly.
This assessee’s appeal is allowed. Order Pronounced in the Open Court on 23/12/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 23/12/2025
*Subodh Kumar, Sr. PS*