Anil Kataria vs Income Tax Officer

This assessee’s appeal for Assessment Year 2020-21 arises against the CIT(A)-3, Noida’s DIN & order No. ITBA/APL/M/250/2025-26/1080364066(1) dated 04.09.2025 , in proceedings u/ s 147 r.w.s. 144 of the Income Tax Act, 1961 (in shor t “the Act”).

Case called twice . None appears at the assessee’s behest. He is accordingly proceeded ex-parte.

It next emerges with the able assistance coming fr om the Revenue side that both the learned lo wer authorities have added sum of Rs.4,66,179/- as the assessee’ s unexplained investment u/s 69B r .w .s. 115 BBE of the Act made with M/s Bhutani Infra & Associates in assessment order dated 31.03.2025 as upheld in the lower appellate discussion.

The Revenue veheme ntly argues in support of the impugned addition that the same deserves to be very much upheld since made on account of the assessee’s failure to explain the so urce thereof all alo ng.

This tribunal has given it’s thoughtful consideration to the assessee’s pleadings all along and the Revenue’s foregoing vehement submissions. No merit is fo und in the impugned additio n. This is for the precise reaso n that not only the learned lower authorities have failed to prove any such cash investment made at the assessee’s behest with M/s Bhutani Infra by filing even a receip t thereof but also such an investment mad e from past accumulated savings keeping in mind his socio economic status co uld be altogether ruled out as well. It is there fore concluded that the impugned additio n is not sustainable in the assessee’ s hands in very terms. Dele ted according ly.

This assessee’s appeal is allowed.