D-ART FURNITURE SYSTEMS PRIVATE LIMITED,NEW DELHI vs. DCIT CENTRAL CIRCLE-17, NEW DELHI
Before: SHRI SATBEER SINGH GODARA & SHRI MANISH AGARWAL
PER SATBEER SINGH GODARA, JM
These assessee’s twin appeals ITA No. 370 & 371/Del/2024
for assessment years 2006-07 & 2007-08 arise against the Commissioner of Income Tax (Appeals)-27 [in short, the “CIT(A)”],
New Delhi’s orders, both dated 24.11.2023 passed in case nos.
CIT(A),
Delhi-27/10009/2005-06
and CIT(A),
Delhi-
27/10010/2006-07, involving proceedings under section Assessee by Sh. Anil Chopra, CA
Department by Sh. Rajesh Kumar Dhanesta, Sr. DR
Date of hearing
13.08.2025
Date of pronouncement
28.08.2025
ITA Nos. 370 & 371/Del/2024
2 | P a g e
143(3)/147/250 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’); respectively.
Heard both the parties. Case file perused.
2. It emerges during the course of hearing with the able assistance coming from both the learned representatives that they have made section 68 unexplained cash credit additions of Rs.22,18,160/- and Rs.59,60,198/- in assessment orders, both dated 08.03.2022 for assessment years 2006-07 and 2007-08; respectively, as upheld in the CIT(A)’s lower appellate discussion.
3. Faced with this situation, learned CIT(DR) could hardly dispute the clinching fact emerging from the case file that the impugned assessment years 2006-07 and 2007-08 are “unabated” one since the departmental authorities had carried out section 132 search action in assessee’s case on 19.10.2010, leading to initiation of Section 153A proceedings. And that hon’ble apex court’s recent landmark decision in PCIT Vs. Abhisar Builwell P.
Ltd. (2023) 454 ITR 212 (SC) has settled the law that such ITA Nos. 370 & 371/Del/2024
3 | P a g e an addition involving an “unabated” assessment has to be based on the seized/incriminating material only.
4. From a perusal of the assessment discussion, we find that there is not even an iota of evidence indicating that the learned Assessing Officer has made the addition in assessee’s hands based on such an incriminating material.
We thus find it a fit case to delete the impugned section 68 additions of Rs.22,18,160/- and Rs.59,60,198/- for assessment years 2006-07 and 2007-08 in very terms.
Ordered accordingly.
5. These assessee’s appeals ITA No. 370 & 371/Del/2024
are allowed.
Order pronounced in the open court on 28th August, 2025 (MANISH AGARWAL)
JUDICIAL MEMBER
Dated: 28th August, 2025. RK/-