GAURAV GUPTA,DEHRADUN V. DCIT, DEHRADUN

ITA 132/DDN/2025

AI Insights

The case involves an appeal by Gaurav Gupta against the order of the CIT(A)-3, Noida, which upheld an addition of Rs. 12,50,000 to his income for the Assessment Year 2019-20. The addition was based on a document seized during a search operation at the premises of Sh. Krishna Sharma and Smt. Sheetal Sharma, which allegedly listed properties purchased, including one by Gupta. The Revenue argued that the addition was justified as the property purchase was undisputed. However, the Tribunal found that the document did not conclusively prove that the alleged on-money was paid, leading to the decision to delete the addition.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 838072 (ITAT-DEHRADUN)
• Duration Of Justice: 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2019-2020
• Appeal Filed On: 31-07-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMAR PAL SINGH
• Assessee Lawyers: SUBHASH GUPTA
• Section: 147

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN BENCH “SMC”, DEHRADUN Before Sh. Satbeer Singh Godara, Judicial Member & Sh. Manish Agarwal, Accountant Member ITA No. 132/DDN/2025 : Asstt. Year: 2019-20 Gaurav Gupta, 79, Saraswati Soni Marg, Laxman Chowk, Dehradun-248001 Vs DCIT, Central Circle, Dehradun-248001 (APPELLANT) (RESPONDENT) PAN No. ALApG9829Q Assessee by : Sh. Subhash Gupta, CA Revenue by : Sh. Amar Pal Singh, Sr. DR Date of Hearing: 16.01.2026 Date of Pronouncement: 18.02.2026 ORDER Per Satbeer Singh Godara, Judicial Member: This assessee’s appeal for Assessment Year 2019-20, arises against the CIT(A)-3, Noida’s DIN & order No. ITBA/APL/M/250/2025-26/1076715221(1) dated 04.06.2025, in proceedings u/s 147 of the Income Tax Act, 1961. 2. Heard both the parties at length. Case file perused. 3. It emerges during the course of hearing that the assessee raises his sole substantive grievance directed against both the learned lower authorities’ assessment and lower appellate findings making on-money payment addition of Rs.12,50,000/- in his hands. Printed from counselvise.com ITA No. 132/DDN/2025 Gaurav Gupta 2 4. The Revenue vehemently argues in this factual backdrop that the impugned addition is very much based on the corresponding seized document in search action dated 02.02.2022 carried out in Sh. Krishna Sharma and Smt. Sheetal Sharma’s specified residential and business premises. And also that the assessee had admittedly purchased the property in issue which has not been disputed all along as well. Learned departmental representative’s case therefore is that we ought to uphold the impugned addition made in the assessee’s hands. 5. We find no merit in the Revenue’s foregoing vehement contentions. A perusal of the assessment order dated 06.03.2024 at page 5 indicates that the learned assessing authority has itself reproduced the incriminating material/lose sheets found during the course of search itself wherein the assessee’s name comes at serial No. 15 regarding the asset agreed to be purchased/purchased on 07.12.2018. Last column in the said sheet reveals the impugned figure of Rs.12,50,000/- in the assessee’s and his brother’s name which form subject matter of adjudication. The same nowhere even remotely indicates that the impugned alleged on-money stood paid at anytime which is a clear cut instance of the same lacking the due corroboration thereof at the Revenue’s behest. We thus Printed from counselvise.com ITA No. 132/DDN/2025 Gaurav Gupta 3 delete the impugned addition of Rs.12,50,000/- made in the assessee’s hands in very terms. 6. This assessee’s appeal is allowed. Order Pronounced in the Open Court on 18/02/2026. Sd/- Sd/- (Manish Agarwal) (Satbeer Singh Godara) Accountant Member Judicial Member Dated: 18/02/2026 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR Printed from counselvise.com "