Sh. Naresh Gulati vs Assessing Officer

This assessee’s appeal for assessment year 2019-20, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2025-26/1083063588(1), dated 27.11.2025, involving proceedings under section 147 r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

Heard both the parties. Case file perused.

Learned departmental representative vehemently argues in support of both the learned lower authorities’ respective assessments and lower appellate findings that the assessee/appellant herein has rightly been assessed for having paid on-money of Rs.39.50 lakhs to the developers M/s. Omax group as per departmental authorities’ action having found/seized the corresponding incriminating material in search action on 14.03.2022.

I have given my thoughtful consideration to the assessee’s and the Revenue’s respective vehement submissions against and in support of the impugned addition. There is hardly any dispute between the parties that both the learned lower authorities have more gone by their respective assumptions and presumptions than having discussed any incriminating material indicating the assessee to have made the impugned on-money payment to the searched party in question. It is further emphasized that there is no indication in the assessment order or in the lower appellate discussion discussing any actual evidence against the assessee to buttress the on-money allegation against him. I thus find no merit in the impugned addition of Rs.39.50 lakhs which is hereby deleted in very terms.

This assessee’s appeal is allowed.