Tribunals and CommissionsSingle Bench(2026) 03 ITAT CK 2919

Smt. Anamika Dwivedi vs Assessment Unit

Income Tax Appellate Tribunal, Delhi · Decided on 16 March 2026

HON’BLE JUDGES
Satbeer Singh Godara, J
CASE NUMBER
ITA No.427/Del/2026

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Judgment

6 paragraphs · 197 words

ORDER

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 order dated 18.11.2025 having DIN and order no. ITBA/NFAC/S/250/2025-26/1082717563(1), 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.

2.

It is noticed at the outset during the course of hearing that both the learned lower authorities have held the assessee to have sold/transferred the immovable property in question for a sum of Rs.38,35,668/- forming subject matter of addition made in her hands.

3.

That being the case, learned counsel has filed a copy of the alleged sale-deed/document dated 21.02.2019 itself wherein the same transpires to be a “release” deed between the assessee and her husband Sh. Brij Dwivedi nowhere involving any actual sale consideration. The Revenue could hardly dispute that such a “release” deed without any consideration between two spouses indeed carries exemption since covered as “relatives” u/s 56(2)(x) of the Act. I thus see no merit in the impugned addition of Rs. 38,35,668/- which is hereby deleted in very terms.

4.

This assessee’s appeal is allowed.