ASHOK GUPTA,YAMUNA NAGAR V. WARD 52(5), NEW DELHI

ITA 8457/DEL/2025

AI Insights

The case involves an appeal by Ashok Gupta against the order of the Commissioner of Income Tax (Appeals)/NFAC, which sustained the addition made by the Assessing Officer regarding undisclosed interest income earned in a bank account, on a protective basis under section 56(1) of the Income Tax Act for the assessment year 2012-13. The Tribunal observed that there was a related pending appeal concerning substantive addition in the case of Mr. Rajan, and decided that both cases should be heard together to ensure consistency in the judicial approach.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 837882 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 16-12-2025
• Other Referred Cases: Mr. Rajan vs. CIT(A)
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘SMC’: NEW DELHI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER ITA No.8457/Del/2025 Assessment Year 2012-13 Ashok Gupta, House No.173, Yamuna Nagar Haryana 135001 PAN No.AFZPG1779E Vs. Ward 52 (5) New Delhi Appellant Respondent Appellant Sh. Shailesh Kumar, CA Respondent Sh. Manoj Kumar, Sr. DR Date of Hearing 12.01.2026 Date of Pronouncement 17.02.2026 ORDER PER C.N. PRASAD, JM, This appeal is filed by the assessee against the order of the Ld.Commissioner of Income Tax (Appeals)/NFAC, Delhi dated 30.10.2025 for A.Y. 2012-13 in sustaining the addition made by the AO in respect of undisclosed interest income earned in bank account, on protective basis, u/s.56(1) of the Act. 2. The Ld. Counsel for the assessee at the outset submitted that the appeal in the case of one Mr. Rajan where substantive Printed from counselvise.com Page | 2 addition was made is still pending before the Ld. CIT(A) and a copy of Screen short of the portal is furnished. 3. Heard rival contentions and perused the screen short and notices for hearing issued by NFAC, Delhi. It is observed that the appeal in the case of Mr. Rajan where substantive addition was made is pending and appeal proceedings are going on. The addition which was made in the case of the present assessee is only on protective basis and, therefore, I am of the view that both the appeals have to be heard together by the ld. CIT(A)/NFAC. Thus, this appeal is restored back to the file of the Ld. CIT(A) / NFAC to hear this appeal alongwith appeal of Mr. Rajan (Appeal Number : CIT (A), Delhi- 18/10210/29019-20) where substantive addition was made, after providing adequate opportunity to the assessee. 4. In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 17.02.2026. Sd/- [C.N. PRASAD] JUDICIAL MEMBER Dated: 17.02.2026 NEHA , Sr.P.S.* Copy forwarded to: 1. Appellant 2. Respondent 3. PCIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi Printed from counselvise.com Page | 3 1. Date of dictation of Tribunal order on computer 10.02.2026 2. Date on which typed draft order is placed before the dictating Member 12.02.2026 3 Date on which typed draft order is placed before the other Member (in the case of DB) 4. Date on which the approved draft order comes to P.S/Sr.P.S 5. Date on which the fair Order is placed before the dictating Member for sign 6. Date on which the fair Order is placed before the other Member for sign ( in the case of DB) 7. Date on which the Order comes back to P.S./Sr.P.S for uploading on ITAT website 8. Date of uploading, if not, reason for not uploading 9. Date on which the file goes to the Bench Clerk 10. Date on which order goes for xerox 11. Date on which order goes for endorsement 12. Date on which the file goes to the Superintendent/O.S. for checking 13. Date on which the file goes to the Assistant Registrar for signature on the order 14. Date on which the file goes to dispatch section for dispatch the Tribunal Order 15. Date of dispatch of order 16. Date on which file goes to Record Room after dispatch the order Printed from counselvise.com "