Laxmi Narayan Agarwal vs Deputy Commissioner Of Income Tax

PER SATBEER SINGH GODARA, JM

This assessee’s appeal for assessment year 2015-16, arises against the Commissioner of Income Tax (Appeals)-30 [in short, the “CIT(A)”], New Delhi’s DIN and order No. ITBA/APL/M/250/2025-26/1082547265(1), dated 12.11.2025 involving proceedings under section 153A of the Income-tax Act, 1961; hereinafter referred to as ‘the Act’.

Heard both the parties. Case file perused.

Coming to the assessee’s/appellant’s solitary substantive ground canvassed in the instant appeal, we note during the course of hearing that he is aggrieved against the learned lower authorities’ respective assessment findings making section 69A addition of Rs. 70Lakhs as upheld in the lower appellate discussion. 3. That being the case, the learned counsel invites our attention to page 3 Para 1 of the assessment order itself making it clear that it was not the assessee/appellant but his eponymous “HUF” who had executed the corresponding MoU dated 03.07.2014 with M/s Adel Landmarks Pvt Ltd. (formerly known as M/s Era Landmarks Ltd.). This clinching factual position has gone unrebutted from the Revenue side. We conclude in this factual backdrop that both the learned lower authorities’ action making the impugned section 69A addition in the assessee’s hands is not sustainable in law. The same stands deleted in very terms therefore.

This appeal of the assessee is allowed.