ANIL KAPILASHRAMI,GURGAON vs. DCIT, CENTRAL CIRCLE-16, NEW DELHI
Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI
Before: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahman
Per Bench:
The instant batch of five appeals pertains to the single assessees herein namely, Sh. Anil Kapilashrami. All other relevant details thereof stand tabulated as under:
S l. N o.
ITA N o s.
A.Y .
Ap pe llant
Re spon den t
Orde r pa s se d ag a in s t
Pro cee d ing s u / s
1- 2
309 3
&
309 4 /D e l/2 02 4
201 6 -17
&
201 8 -19
An il
Ka p ila shra mi
DCI T
C IT (A ) -2 6, Ne w D e lh i
In D I N
&
or der
Nos .
ITB A /AP L /M /250 / 20 24 -
25 /1 064 46 951 5 (1 )
&
106 44 692 20 (1 )
D ate d : 30 .0 4. 202 4
153C r . w. s.
143 (3)
3- 5
35,
3 6
&
37 /De l/202 5
201 6 -17 ,
201 7 -18
&
201 8 -19
An il
Ka p ila shra mi
DCI T
C IT (A ) -2 6, Ne w D e lh i
In D I N
&
or der
Nos .
ITB A /AP L /M /250 / 20 24 -
25 /1 070 15 285 5 (1 ) ,
107 01 798 27 (1 )
&
107 01 795 43 (1 )
D ate d : 06 .1 1. 202 4
271 (1) (c ) -
(A .Y. 20 16 -1 7 )
270A -
(A .Y. 2 01 7- 18 &
201 8 -19 )
ITA Nos. 3093 & 3094/Del/2024
ITA Nos. 35, 36 & 37/Del/2025
Anil Kapilashrami
2
2. Heard both the parties at length. Case files perused.
We come to the assessee’s “lead” appeal ITA No. 3093/Del/2024 for the first and foremost assessment involved herein A.Y. 2016-17. It emerges during the course of hearing with the able assistance coming from both the parties that the learned Assessing Officer had framed his section 153C r.w.s. 143(3) assessment dated 29.03.2023 in the assessee’s case disallowing his long term capital loss amounting to Rs.40,20,794/- which stands upheld in the lower appellate discussion.
We further deem it appropriate to clarify here that the learned departmental authorities had carried out the search in question in M/s Pythhos Group on 13.06.2018 followed by issuance of section 153C notice to the assessee on 30.07.2021. 5. The above being the clinching factual position, learned CIT-DR could hardly dispute that the impugned assessment year 2016-17; when counted as on the date of 153C satisfaction becoming the date of search in case of such a third person as on 30.07.2021, becomes an “unabated” assessment year wherein any disallowance or addition; as the case may be,
ITA Nos. 3093 & 3094/Del/2024
ITA Nos. 35, 36 & 37/Del/2025
(SC) to conclude that the impugned disallowance; or for that, the assessment herein dated
29.03.2023
itself is not sustainable in law in very terms. Quashed accordingly. This assessee’s first and foremost
“lead”
appeal
ITA
Nos.
3093/Del/2024 is accepted in very terms.
Same order to follow in the assessee’s penalty appeal ITA No. 35/Del/2025 being consequential in nature. Allowed accordingly.
The assessee’s third appeal ITA No. 36/Del/2025 in assessment year 2017-18 is directed against both the learned lower authorities’ action levying section 270A penalty of Rs.1,32,150/- @ 200% of the mis-reported income amounting to Rs.66,075/- pertaining to the income from other sources of Rs.6,95,750/-. It is made clear that the foregoing head of income had also not been deducted during the course of search
ITA Nos. 3093 & 3094/Del/2024
ITA Nos. 35, 36 & 37/Del/2025
36/Del/2025 is accepted.
The assessee’s twin appeal ITA No. 3094/Del/2024 and ITA No. 37/Del/2025 in assessment year 2018-19 involve section 143(3) r.w.s. 153C quantum and section 270A penalty proceedings; respectively. A perusal of the assessment order herein also indicates that the quantum disallowance was of long term capital loss only amounting to Rs.4,66,951/- again not based on any specific seized material.
We thus refer to the foregoing landmark decision herein as well to quash the impugned assessment dated 29.03.2023 itself in very terms. So is the outcome of the assessee’s consequential penalty appeal ITA No. 36/Del/2025 since the same has got no legs to stand any more in foregoing terms. These assessee’s twin appeals ITA No. 3094/Del/2024 and ITA No. 37/Del/2025 succeed in above terms.
ITA Nos. 3093 & 3094/Del/2024
ITA Nos. 35, 36 & 37/Del/2025
Anil Kapilashrami
5
10. All other pleadings between the parties stand rendered academic.
These assessee’s five appeals ITA Nos. 3093 & 3094/Del/2024 and ITA Nos. 35, 36 & 37/Del/2025 are allowed in above terms. A copy of this common order be placed in the respective case files. Order Pronounced in the Open Court on 10/11/2025. (S. Rifaur Rahman) Judicial Member Dated: 10/11/2025 *Subodh Kumar, Sr. PS*