MAUHAR SINGH,AGRA vs. DCIT CENTRAL CIRCLE, AGRA

This assessee’s appeal for assessment year 2015-16, arises against the Commissioner of Income Tax (Appeals)-4 [in short the “CIT(A)”], Kanpur’s order in Appeal No. CIT-(A)-IV/KNP/10403/2014-15 dated 28.07.2023, involving proceedings under section 153C r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

Heard both the parties at length. Case file perused.

It emerges during the course of hearing with the able assistance coming from both the parties that the learned lower authorities have made on-money payment addition of Rs.8,13,800/- alleging the assessee to have paid cash in acquisition of the corresponding asset sold by the searched party/builder M/s Sushil Chauhan group. We make it clear that even the Assessing Officer is fair enough while reproducing the corresponding seized documents wherein there is no instance of any actual payment emanating there/and therefore, we conclude that the impugned addition based on mere inference does not deserve to be sustained. Same stands deleted in very terms therefore.

This assessee’s appeal is allowed.