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Judgment
PER SATBEER SINGH GODARA, JM
These Revenue’s twin appeals involving the sole assessee herein M/s Akinchan Developers Pvt. Ltd.; ITA 7023 & 7024/Del/2025, arise against the Commissioner of Income Tax (Appeal)-23 [in short, “CIT(A)”], New Delhi’s orders dated 29.08.2025, passed in DINs & Order Nos. ITBA/APL/S/250/2025-26/1080177744(1) & ITBA/APL/S/250/2025-26/1080179610(1), involving proceedings u/s 143(3) r.w.s 147 & section 143 of the Income Tax Act, 1961; hereinafter referred to as ‘the Act’, respectively.
Cases called twice. None appears at the assessee’s/respondent’s behest. It is accordingly proceeded ex-parte.
It is next noticed with the able assistance coming from the Revenue side that its identical substantive ground in both these cases seek to revive “protective” additions of Rs. 1,83,36,600/- and Rs. 2,02,23,567/- made on the basis of alleged accommodation entries coupled with section 56(2)(viib) addition amounting to Rs. 1,42,29,156/- in the latter assessment order; respectively.
It is in this factual backdrop that the Revenue could hardly dispute that the learned CIT(A) had deleted the impugned identical protective additions in both these assessment years for the sole reason that the corresponding substantive additions already stood confirmed in Shri Satyender Kumar Jain hands. So far as the latter section 56(2)(viib) addition is concerned, the learned CIT(A) has indeed elaborated the fact that it was nothing but the aforesaid section 68 addition only which had also been made as unjustified share premium under the latter provision. We thus see no merit in either of these Revenue’s grounds pleaded in both these appeals seeking to revive the “protective” additions herein in very terms. Rejected accordingly.
No other ground or argument has been pressed before us.
These revenue’s twin appeals ITA Nos. 7023 & 7024/Del/2025 are dismissed. A copy of this common order be placed in the respective case files.