ANMOLE GOEL,MUZAFFARNAGAR V. INCOME TAX OFFICER, MUZAFFARNAGAR, MUZAFFARNAGAR

ITA 7355/DEL/2025

AI Insights

The case involves Anmole Goel, the appellant, who appealed against the order of the Commissioner of Income Tax (Appeals), which sustained an addition of Rs.6,51,000/- to his income for the Assessment Year 2023-24. The addition was initially made by the Assessing Officer as an unexplained cash credit under section 68 of the Income Tax Act, 1961, concerning an unsecured loan of Rs.11,00,000/- taken from Ms. Juhi Kuchhal. The Tribunal examined the documents and evidence provided, including the income tax returns and bank statements of Ms. Juhi Kuchhal, and found merit in the appellant's arguments, leading to a partial allowance of the appeal.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 843833 (ITAT-DELHI)
• Duration Of Justice: 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2026
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2023-2024
• Appeal Filed On: 15-11-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: KESHAV KISHORE ANAND
• Assessee Lawyers: ANIL JAIN; THROUGH VC
• Keywords: Unexplained cash credit; Gift; Source of fund

Judgement Text

"आयकर अपीलीय अधिकरण धिल्ली पीठ “एस एम सी”, धिल्ली श्री धिकास अिस्थी, न्याधयक सिस्य IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “SMC”, DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER आअसं.7355/धिल्ली/2025 (नि.व. 2023-24) ITA No. 7355/DEL/2025 (A.Y.2023-24) Anmole Goel, 69-B, New Mandi Vakil Road, Muzaffarnagar, Uttar Pradesh 251001 PAN: AREPG-1784-G ...... अपीलार्थी/Appellant बिाम Vs. Income Tax Officer, Muzaffarnagar, Uttar Pradesh 251001 ..... प्रनिवादी/Respondent अपीलार्थी द्वारा/Appellant by : Shri Anil Jain, Advocate (Through VC) प्रधििािीद्वारा/Respondent by : Shri Keshav Kishore Anand, Sr. DR सुिवाई की निथर्थ/ Date of hearing : 17/12/2025 घोषणा की निथर्थ/ Date of pronouncement : 16/03/2026 आदेश/ORDER PER VIKAS AWASTHY, JM: This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [in short ‘the CIT(A)’] dated 22.09.2025, for Assessment Year 2023-24. 2. Shri Anil Jain, appearing on behalf of the assessee submits that the solitary issue raised by the assessee in appeal is with regard to addition of Rs.6,50,000/- sustained by the CIT(A) in respect of unsecured loans taken by the assessee from Ms. Juhi Kuchhal. The ld. Counsel for the assessee submits that the assessee had taken unsecured loan of Rs.11,00,000/-from Ms. Juhi Kuchhal during the period relevant to assessment year 2023-24. The assessee in order to discharge its onus in proving creditworthiness of the lender, furnished Income Tax Return for AY 2021- Printed from counselvise.com 2 ITA No.7355/Del/2025 (AY 2023-24) 22, 2022-23 and 2023-24 of Ms. Juhi Kuchhal, Bank statement, PAN, Aadhar, etc. of Ms. Juhi Kuchhal. The Assessing Officer (AO) without appreciating documents furnished by the assessee made addition of Rs.11,00,000/- as unexplained cash credit u/s.68 of the Income Tax Act,1961 (hereinafter referred to as ‘the Act’). The assessee carried the issue in appeal before the CIT(A). The CIT(A) deleted the addition to the extent of Rs.4,49,000/- and confirmed the balance amount of Rs.6,51,000/-. Hence, the present appeal. 2.1. The ld. Counsel submits that Ms. Juhi Kuchhal had advanced the loan from cash in hand available from her business. Further, the source of funds available with Ms. Juhi Kuchhal for advancing loans includes Rs.1,51,000/- received by her from her mother-in-law Smt. Kanak Kuchhal. Confirmation from Smt. Kanak Kuchhal is at page 29 of the paper book. The AO and the CIT(A) has disbelieved the gift received by Ms. Juhi Kuchhal from Smt. Kanak Kuchhal. The ld. Counsel thus prayed for deleting the remaining addition. 3. Per contra, Shri Keshav Kishore Anand representing the department vehemently defending the impugned order prayed for dismissing appeal of the assessee. He submitted that the assessee was not able to substantiate creditworthiness of the lender Ms. Juhi Kuchhal. Hence, the AO made addition of Rs.11,00,000/-. The CIT(A) after examining the documents placed on record by the assessee restricted the addition to Rs.6,51,000/-. He stated that the order of CIT(A) is fair and reasonable, hence, the same should be upheld. 4. Both sides heard, orders of the authorities below examined. The assessee has taken unsecured loan of Rs.11,00,000/- from Ms. Juhi Kuchhal. The AO Printed from counselvise.com 3 ITA No.7355/Del/2025 (AY 2023-24) questioned creditworthiness of Ms. Juhi Kuchhal, the source of funds available with Ms. Juhi Kuchhal was explained here in under:- (i) Cash in hand Rs.6,50,000/-; (ii) Amount transferred from another bank account of Ms. Juhi Kuchhal Rs.2,50,000/-; (iii) Funds received from her husband Rs.2,49,500/-; (iv) Amount received from Father-in-law Rs.2,00,000/-; & (v) Cash gift received from Mother-in-law Rs.1,51,000/-. 5. The CIT(A) accepted funds to the extent of Rs.4,49,000/- i.e. amount received by Ms. Juhi Kuchhal from her husband and father-in-law. Thus, addition to the extent of Rs.4,49,000/- was deleted. In order to substantiate gift from mother-in- law Mrs. Kanak Kuchhal, the assessee has placed on record confirmation from her mother-in-law at page 29 & 30 of the paper book. Considering confirmation received from mother-in-law of the assessee, further addition of Rs.1,51,000/- is directed to be deleted. In so far as remaining amount of Rs.5,00,000/- is concerned, an amount of Rs.2,50,000/- is estimated as cash in hand. Thus, amount of Rs.2,50,000/- is directed to be deleted and the balance amount of Rs.2,50,000/- is sustained. 6. In the result, appeal of the assessee is partly allowed in the terms aforesaid. Order pronounced in the open court on Monday the 16th day of March, 2026. Sd/- Sd/- (VIKAS AWASTHY) न्यानयक सदस्य/JUDICIAL MEMBER धिल्ली/Delhi, ददिांक/Dated 16/03/2026 NV/- Printed from counselvise.com 4 ITA No.7355/Del/2025 (AY 2023-24) प्रतिलिपि अग्रेपििCopy of the Order forwarded to : 1. अपीलार्थी/The Appellant , 2. प्रनिवादी/ The Respondent. 3. The PCIT/CIT(A) 4. ववभागीय प्रनिनिथि, आय.अपी.अथि., दिल्ली /DR, ITAT, धिल्ली 5. गार्ड फाइल/Guard file. BY ORDER, //True Copy// (Asstt. Registrar) ITAT, DELHI Printed from counselvise.com "