Hitesh Khanna vs Pr. Commissioner Of Income Tax Appeals-25

“1.

That the order passed by CIT-A-25 is non-est under the eyes of law. Hence on this ground alone the assessment order is wrong, baseless and liable to be quash/set-aside as the same is void-ab-initio.

2.

That the Ld. CIT passed the order without considering our grounds raised at the time of Appeal filing and passed the order with demand stand by Ld. A.O during assessment proceedings.

3.

That Ld. CIT not provided the complete time for representing the appeal and submission as requested by the assessee during the Appeal proceeding. The Assessee requested for adjournment on dated 06.10.2025 upto 31.10.2025 in the interest of natural justice as his AR (Assessee Representative) was busy in Tax Audits & allied Balance Sheets but ld. CIT not bothered or considered assessee's request and passed the order with arbitrary demand of 20185847/-. Hence on this ground alone the assessment order is arbitrary, wrong, baseless and liable to be quash/set-aside as the same is void-ab-initio.

4.

That Investigation Department of Income Tax clearly mentioned Mr. Alok Aggarwal has received and providing accommodation entries and also facilitated of short term capital loss to set off Long term capital gain to various persons through several entities managed & controlled by him and his associates. The Department added all income of Rs.14278033/-without considering the facts and submissions as there was no matching of entries in our books and bank accounts produced to the Department for justification. Hence on this ground alone the assessment order is arbitrary. wrong, baseless and liable to be quash/set-aside.

5.

That the Section 69A of the Income Tax Act, the burden of proof lies on the Assessing Officer (AO) to establish the source of alleged unexplained money. The AO must provide evidence to justify claims of undisclosed income, as outlined by Section 101 of the Indian Evidence Act. If the AO cannot substantiate claims with material evidence, the demand may not be sustained. Courts have ruled that without cogent reasons or evidence, unexplained cash deposits cannot be treated as income. Hence the assessment order is liable to be quash/set-aside as the same is void-ab-initio.

6.

That Assessing officer fails to provide any documentary evidence in the respect of received any unaccounted cash by Shri Alok K. Agarwal and I also had requested the Assessing Officer to confronted me with Sh. Alok Kumar Aggarwal and their accountant to get the actuality of the case why entered different names was put in my account. There are 4 types of ledger with the same name & same period but they all are different from each other and amounts are also different in 4 ledgers. There of no authentication and relation in each ledger and all are clearly showing sworn/conjecture basis. Then how A.O can make addition on the relied upon these types of ledgers. Hence on this ground alone the assessment order is arbitrary, wrong baseless and liable to be quash/set-aside as the same is void-initio.

7.

That the Ld. A.O made addition of Rs. 13862168/- on the basis of ledger which is not duly signed by Alok Kumar Aggarwal or any associated person of the A form the name of "Hitesh Khanna" in the books of "Anarkali Complex 96-98" where showing entries from the other person’s name who all are not related to me and even there are no matching amount mentioned in said ledger, with my bank account which is submitted to department. But the department arbitrator addition on the said ledger which is totally wrong, bad in law, baseless and liable to be quash only. And L.d. A.O consider the same and presumed all the income in the hands of Mr. Hitesh Khanna which is bad in law, unjustified and order to be quash/set-aside.

8.

That Assessing officer made the addition Rs.13862168/- on the basis of sworn statement/ledger which was neither authenticate by the assesse nor signed by Sh. Alok Aggarwal and any signing authority of Mis Alankit Group. Therefore, the said assessment order is nonest under the eyes of law. Hence on this ground alone the assessment order is arbitrary. wrong, baseless and liable to be quash/set-aside as the same is void-ab-initio.

9.

The Revenue (the learned Assessing Authority) is proceeding against the Assessee on the basis of presumptions, conjecture and only on basis of the one, claimed to be a computerized record, but being relied upon and referred purported ledger found in the Laptop of Mr. Sunil Kumar Gupta and the same was never authenticate/verify or cross examine by me. Therefore, the said assessment order is non-est under the eyes of law, wrong. baseless and liable to be quash/set-aside.

10.

That Ld. Assessing Officer made addition of Rs.415865/- u/s 69C on the basis of Commission @ 3% whether there was no commission entry showing in ledger which was found during the search & seizure and the Ld. A.O considered the same ledger for the base of addition. The question is that when Alankit group providing any accommodation entry than why they not entered any commission entry in Hitesh Khanna's cash ledger. Therefore, the said assessment order is non-est under the eyes of law. Hence on this ground alone the assessment order is wrong, baseless and liable to be quash/set-aside as the same is void-ab-initio.

11.

The appellant craves for leave to add or make alteration in grounds of appeal before the hearing, at the time of hearing or after the hearing of the case.”