ROHTASH KUMAR ,DELHI vs. ITO , DELHI
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2018-19, arises against the CIT(A)/NFAC, Delhi’s DIN & order No.
ITBA/NFAC/S/250/2025-26/1078024419(1) dated 30.06.2025, in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
Coming to the sole substantive issue between the parties herein, it is noticed that both the learned lower authorities have disallowed the assessee’s cost of improvement claim of Rs.27,00,000/- as unexplained cash credits u/s 68 r.w.s. 115BBE of the Act, in assessment order dated 29.04.2021 and upheld in the lower appellate discussion. Rohtash Kumar
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4. The above being the clinching factual position, the Revenue could hardly dispute that the assessee had nowhere claimed the impugned cost of improvement amounting to Rs.27,00,000/- in the relevant previous year as the corresponding immovable property had been acquired in the preceding assessment year(s) only. I therefore, see merit in the assessee’s vehement contentions herein to delete the impugned cost of improvement addition u/s 68 in his hands.
Ordered accordingly.
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This assessee’s appeal is allowed. Order Pronounced in the Open Court on 23/09/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 23/09/2025
*Subodh Kumar, Sr. PS*