ASSISTANT COMMISSIONER OF INCOME TAX, DELHI V. M/S YAMUNA INDUSTRIES LIMITED, DELHI

ITA 5282/DEL/2024

AI Insights

The case involves an appeal by the Assistant Commissioner of Income Tax (ACIT), Delhi against M/s. Yamuna Industries Ltd. concerning the assessment year 2017-18. The appeal was directed against the order of the CIT(A)/NFAC, which had reversed the Assessing Officer's disallowance of Rs.6,01,203 under section 43B and the addition of Rs.1,25,97,896 as unexplained cash deposits under sections 68/69A. The Tribunal, after hearing the arguments presented by the senior departmental representative, found that the lower appellate authority had correctly applied the law and facts of the case, leading to the dismissal of the Revenue's appeal.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 828402 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2026
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Delhi
• Assessment Year: misc
• Appeal Filed On: 19-11-2024
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANKUSH KALRA
• Keywords: TDS
• Section: 143(3); 43B

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘E’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA No.5282/Del/2024 Assessment Year: 2017-18 ACIT, Delhi Vs. M/s. Yamuna Industries Ltd., F-572, Sarita Vihar, New Delhi PAN: AAACY1419N (Appellant) (Respondent) ORDER PER SATBEER SINGH GODARA, JM This Revenue’s appeal for assessment year 2017-18, 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/250/2024-25/1068493517(1), dated 10.09.2024 involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Assessee by None Department by Ms. Ankush Kalra, Sr. DR Date of hearing 08.01.2026 Date of pronouncement 08.01.2026 Printed from counselvise.com ITA No.5282/Del/2024 2 | P a g e Case called twice. None appears at the assessee’s/respondent’s behest. It is according proceeded ex-parte. 2. Learned senior departmental representative vehemently argues during the course of hearing that the CIT(A)/NFAC herein has erred in law and on facts in reversing the Assessing Officer’s action invoking section 43B disallowance of Rs.6,01,203/- in assessment order dated 31st December, 2019. 3. That being the case, the learned departmental representative could hardly dispute the lower appellate findings in para 4 to 4(b) at page 6 of the lower appellate discussion making it clear that the assessee could not claim the impugned expenditure pertaining to the earlier assessment years; and therefore, it sought deduction thereof after due compliance of the relevant TDS provision in the relevant financial year before us. Rejected accordingly. 4. The Revenue’s latter substantive ground pleads that the Assessing Officer had rightly made section 68/69A unexplained cash deposits addition of Rs.1,25,97,896/- in the lower appellate discussion, reading as under: Printed from counselvise.com ITA No.5282/Del/2024 3 | P a g e Printed from counselvise.com ITA No.5282/Del/2024 4 | P a g e Printed from counselvise.com ITA No.5282/Del/2024 5 | P a g e Printed from counselvise.com ITA No.5282/Del/2024 6 | P a g e 5. Suffice to say, it has already come on record that the impugned appellate discussion has examined the instant issue of the assessee’s cash deposits at threadbare whilst concluding that only a sum of Rs.2,10,63,118/- represents its genuine cash sales. We thus find no merit in the Revenue’s instant latter substantive ground as well. Rejected accordingly. No other ground or argument has been pressed. 6. This Revenue’s appeal is dismissed. Order pronounced in the open court on 8th January, 2026 Printed from counselvise.com ITA No.5282/Del/2024 7 | P a g e Sd/- Sd/- (S. RIFAUR RAHMAN) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 14th January, 2026. RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi Printed from counselvise.com "