PCIT v. Himachal Fibres Ltd.

M/S Fairdeal Information Technology Private Limited, New Delhi vs. Income Tax Officer, Ward 9(1), Delhi

In the result all the three grounds of appeal of the assessee are allowed

Bench: Shri Anubhav Sharma & Shri Manish Agarwalm/S Fairdeal Information Income Tax Officer, Technology Private Limited, Ward-9(1), 116A, First Floor, Somdutt Vs. New Delhi. Chamber-1, 5, Bhikaji Cama Place, New Delhi-110066. Pan-Aaacf9581G (Appellant) (Respondent) Assessee By Shri Ashwani Kumar, Ca & Shri Ankur Agarwal, Ca Department By Ms. Indu Bala Saini, Sr. Dr Date Of Hearing 20/01/2026 Date Of Pronouncement 13/02/2026

…ey, only because those persons had not appeared before the Assessing Officer would not negate the case of the assessee. Therefore, the addition was liable to be deleted." 16. Further, the Hon'ble Apex Court in PCIT Vs. Himachal Fibres Ltd. reported in (2018) 259 Taxmann 5 in which the decision of Hon'ble Delhi High Court was confirmed , held as under: "In a case where the assessee has furnished all the relevant facts within the knowledge and offered a credible explanation, then the onus reverts to the Revenue to prove that these facts are not correct. In such a case, Revenue cannot draw inference based on suspic…

Dy. Commissioner of Income Tax, Noida vs. M/S Rudra Buildwell Homes Pvt. Ltd, Delhi

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2016-17 Vs. M/S. Rudra Buildwell Homes Dcit, Central Circle-I, Noida Pvt. Ltd., 53, Okhla Phase, Delhi Pan: Aafcr6959P (Appellant) (Respondent) With C.O. No.106/Del/2025 [Arising Out Of Ita No.602/Del/2025] Assessment Year: 2016-17 M/S. Rudra Buildwell Vs. Dcit, Central Circle-I, Homes Pvt. Ltd., Noida A-66, Sector-63, Noida Pan: Aafcr6959P (Appellant) (Respondent) Assessee By Sh. Rohit Kapoor, Adv. Sh. Veersen Agarwal, Itp Department By Sh. Rajesh Chandra, Cit(Dr) Date Of Hearing 12.08.2025 Date Of Pronouncement 29.08.2025 Order Per Satbeer Singh Godara, Jm This Revenue’S Appeal Ita No.602/Del/2025 & Assessee’S Cross Objection C.O. No. 106/Del/2025 For Assessment Year 2016-

…those persons had not appeared before the Assessing Officer would not negate the case of the assessee. Therefore, the addition was liable to be deleted." Further, reliance is also placed on decision of Hon'ble Apex Court in PCIT s. Himachal Fibres Ltd. (2018) 259 Taxmann 5 In which the decision of Hon'ble Delhi High Court was confirmed in case of PCIT vs. Himachal Fibres and it was held under: "In a case where the assessee has furnished all the relevant facts within the knowledge and offered a credible explanation, then the onus reverts to the Revenue to prove that these facts are not correct. In such a case, Rev…

Dy. Commissioner of Income Tax, Central Circle, Meerut vs. Smt. Kamlesh, Delhi

Appeal is dismissed

Bench: Shri Satbeer Singh Godara & Shri M. Balaganeshassessment Year: 2014-15 Dcit, Vs. Smt. Kamlesh, Central Circle, 1402/1403, Vidhyanchal Meerut Tower, Kaushambi, Ghaziabad Pan :Akypk3905E (Appellant) (Respondent) Assessee By Sh. Rohit Agarwal, Ca Department By Ms. Jaya Choudhary, Cit(Dr)

…hose persons had not appeared before the Assessing Officer would not negate the case of the assessee. Therefore, the addition was liable to be deleted." Further, reliance is also placed on decision of Hon'ble Apex Court in PCIT Vs. Himachal Fibres Ltd. (2018) 259 Taxmann 5 in which the decision of Hon'ble Delhi High Court was confirmed in case of PCIT vs. Himachal Fibres and it was held as under: "In a case where the assessee has furnished all the relevant facts within the knowledge and offered a credible explanation, then the anus reverts to the Revenue to prove that these facts are not correct. In such a case,…