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Judgment
ORDER
PER YOGESH KUMAR, U.S. JM:
The present appeal is filed by the Assessee against the order of Ld. Commissioner of Income Tax (Appeals)-30 (‘Ld. CIT(A)’ for short), New Delhi dated 20/06/2025 for the Assessment Year 2021-22.
Brief facts of the case are that, the Assessee was a non-filer for the year under consideration. A search u/s 132 of the Income Tax Act, 1961 ('Act' for short) was conducted on 06/01/2021 in Hans Group of cases, wherein certain incriminating material were found and seized from the business and residential premises of individual and business entities of Hans Group. An assessment proceedings u/s 153C of the Act has been initiated against the Assessee and addition of Rs. 47,00,000/- has been made u/s 69 of the Act r.w. Section 115BBE of the Act in the hands of the Assessee, which being 50% of alleged investment in cash for purchase of property i.e. third floor, C-94, Nirman Vihar, Delhi.
Aggrieved by the assessment order dated 26/03/2024, Assessee preferred an appeal before the Ld. CIT(A). The Ld. CIT(A) vide order dated 20/06/2025, dismissed the Appeal of the Assessee. As against the order of the Ld. CIT(A), Assessee preferred the captioned Appeal.
The Ld. Counsel for the Assessee submitted that the Appeal of the Assessee is squarely covered in the case of Gurdeep Singh in ITA No. 5036/Del/2025 vide order dated 04/12/2025, the Co-ordinate Bench of the Tribunal deleted the addition, wherein the Appellant thereinwas one of the purchasers of the property along with the Assessee herein. Thus, submitted that the Appeal of the Assessee deserves to be allowed by following the principals of consistency.
Per contra, Ld. Department's Representative relying on the orders of the Lower Authorities sought for dismissal of the Appeal.
We have heard both the parties and perused the material available on record. The Co-ordinate Bench of the Tribunal while deciding the Appeal in the case of Gurpdeep Singh (supra) who is the co-purchaser of the subject property along with the Assessee, held as under:-
“5.We have given our thoughtful consideration to the assessee’s and the Revenue’s vehement submissions/stands all along. We find no reason to sustain the impugned addition. This is for the precise reason that the learned departmental authorities had set into motion section 153C proceedings against the assessee regarding his alleged unexplained investment/on-money transactions pertaining to E-92, Second Floor, PreetVihar, Delhi whereas the addition in question has been made for some other property i.e. 3r d Floor , C-94, NirmanVihar, Delhi having no relation between them . This clinching factual position has gone un-rebutted from the Revenue side. We accordingly are of the considered view that both the learned lower authorities have erred in law and on facts in making the impugned on-money addition of Rs.47,00,000/- in the assessee’s hands which stands deleted in very terms.”
By respectfully following the order of the Co-ordinate Bench of the Tribunal in the case of Gurdeep Singh Vs. ACIT (supra), as there is no distinguishable facts brought on record, we delete the addition of Rs. 47,00,000/- made in the hands of the Assessee herein.
In the result, Appeal of the Assessee is allowed.