Udita Gupta, Delhi vs. ACIT, Central Circle-29, New Delhi
In the result, appeal filed by the assessee is allowed
ITA 2532/DEL/2022[2016-17]Status: DisposedITAT Delhi12 Nov 2025AY 2016-17
Bench: Shris.Rifaur Rahman & Shri Anubhav Sharmaudita Gupta, Vs. Acit, Central Circle 29, 43/1, Rajpur Road, Civil Lines, Delhi. Delhi – 110 054. (Pan : Advpa9481B) (Appellant) (Respondent) Assessee By : Shri Saubhagya Agarwal, Advocate Revenue By : Shri Ajay Kumar Arora, Sr. Dr Date Of Hearing : 27.10.2025 Date Of Order : 12.11.2025 O R D E R Per S.Rifaur Rahman, Am: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax Appeals-30, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 21.09.2024 For Assessment Year 2016-17. 2. Brief Facts Of The Case Are, The Case Of The Assessee Was Picked Up For Limited Scrutiny & During The Assessment Proceedings, The Assessee’S Claim Of Earning Capital Gain Amounting To Rs.57,11,085/- & Rs.46,95,755/- From Sale Of Shares Of M/S Yamini Investment Pvt. Ltd. & M/S. Goenka Business & Finance Ltd. Totaling Rs.1,04,06,840/- Were Examined. The Assessing Officer
For Appellant: Shri Saubhagya Agarwal, AdvocateFor Respondent: Shri Ajay Kumar Arora, Sr. DR
Section 147Section 151Section 250Section 68
…of the facts and documents, the conclusion arrived at by the AO in respect of the transaction in question, ought not to have been interfered with. In support of his submission, Mr. Hossain relies upon the judgment of this Court in Suman Poddar v. ITO, [2020] 423 ITR 480 (Delhi), and of the Supreme Court in Sumati Dayal v. CIT, (1995) Supp. (2) SCC 453. 9. Mr. Hossain further argues that the learned ITAT has erred in holding that the AO did not consider examining the brokers of the Respondent. He asserts that this holding is contrary to the findings of the AO. As a matter of fact, the demat account statement of t…