AMIT GUPTA,DELHI V. ITO, NEW DELHI

SA 530/DEL/2025

AI Insights

The case involves Amit Gupta, who filed a stay application against a demand raised for the Assessment Year 2017-18. The Income Tax Officer (ITO) had assessed Gupta's income significantly higher than declared, adding a substantial amount as unexplained money due to unexplained cash deposits. The first appeal was dismissed, and the second appeal is pending before the Tribunal. During the stay application hearing, the assessee's representative failed to argue the case effectively, leading to the dismissal of the stay application. The Tribunal also considered the financial circumstances of the assessee, which did not support the grant of stay.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 786778 (ITAT-DELHI)
• Duration Of Justice: 1 month(s) 27 day(s)
• Appeal Type: Stay Application
• Pronouncement Date: 19-11-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2017-2018
• Appeal Filed On: 23-09-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRIYA GOEL
• Assessee Lawyers: PRAKASH SINHA
• Keywords: Recovery proceedings; Application of stay
• Section: 147; 144

Judgement Text

"Page | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “G”: NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER SA No. 530/Del/2025 (ITA No.5734/Del/2025 (Assessment Year: 2017-18) Amit Gupta, 4598/12B, Ground Floor, Gola Cottage Dariya Ganj, New Delhi Vs. ITO, New Delhi (Appellant) (Respondent) PAN: AJRPG0171C Assessee by : Shri Prakash Sinha, Adv Shri Ayush Kumar, Adv Revenue by: Ms Priya Goel, Sr DR Date of Hearing 03/10/2025 Date of pronouncement 19/11/2025 O R D E R PER M. BALAGANESH, A. M.: 1. By virtue of this stay application, the assessee seeks to keep the demand raised for AY 2017-18 in abeyance. 2. We have heard the rival submissions and perused the material available on record. We find that the assessee is an individual and had filed his return of income for AY 2017-18 declaring total income of Rs. 4,25,830/-. The assessment was completed u/s 144 r.w.s. 147 r.w.s. 144B of the Act on 18.02.2025 determining total income of Rs. 1,37,80,846/- after making addition of Rs. 1,33,55,016/- on account of cash deposits as unexplained money u/s 69A r.w.s. 115BBE of the Act. The first appeal preferred by the assessee was dismissed. The Second appeal preferred by the assessee is pending before this Tribunal and is Printed from counselvise.com SA No. 530/Del/2025 Amit Gupta Page | 2 ripe for hearing. When the said petition was called, the ld AR present on behalf of the assessee did not make any argument in support of the grounds of appeal raised before this Tribunal in the main appeal. Hence, prima facie case was not made out by the ld AR warranting grant of stay. When a question was put by the Bench to the ld AR for deposit of 20% of the outstanding dues, the ld AR submitted that the financial position of the assessee does not warrant him to make payment of any taxes on this point in time. Hence, we are not inclined to grant any stay of demand by keeping the recovery proceedings in abeyance as in our considered opinion this is not fit case for doing so. 3. In the result, the stay application of the assessee is dismissed. Order pronounced in the open court on 19/11/2025. -Sd/- -Sd/- (ANUBHAV SHARMA) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 19/11/2025 A K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi Printed from counselvise.com "