NAND KISHOR GARG,GHAZIABAD vs. ACIT, CENTRAL CIRCLE-2, DELHI

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ITA 5092/DEL/2025Status: DisposedITAT Delhi24 September 2025AY 2022-23Bench: Sh. Satbeer Singh Godara (Judicial Member)4 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found merit in the assessee's case, attributing the cash to withdrawals from his firm, Nikunj Developers. The Revenue's rejection was based on conjectures and surmises, not merits.

What were the facts?

The assessee's appeal for AY 2022-23 pertains to an addition of Rs. 9 lacs treated as unexplained cash confiscated at the airport. This addition was made u/s 69A and upheld by the lower authorities.

What were the issues?

Whether the cash confiscated at the airport, treated as unexplained and added to income, could be explained as withdrawals from the assessee's firm.

Which sections of the Income-tax Act were involved?

Section 69A,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI

Before: Sh. Satbeer Singh Godara

Hearing: 24.09.2025Pronounced: 24.09.2025

ORDER This assessee’s appeal for Assessment Year 2022-23, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/APL/S/250/2025-26/1077346685(1) dated 23.06.2025, in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short “the Act”). 2. Heard both the parties at length. Case file perused. 3. This tribunal notices at the outset that both the lower authorities have treated the assessee’s cash found/ seized of Rs. 18 lacs, 2 5092/Del/2025 Nand Kishor Garg

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