PUNEET KOHLI,DELHI V. THE ASSESSMENT UNIT, DELHI

ITA 6228/DEL/2025

AI Insights

The case involves an appeal by Puneet Kohli against the order of the CIT(A)/NFAC, which upheld the additions made by the AO under various sections of the Income Tax Act, 1961, for the Assessment Year 2020-21. The additions included unexplained cash deposits and disallowances of expenses. The AO had initially reopened the case based on information about substantial cash deposits in the assessee's accounts, which the assessee could not satisfactorily explain. The CIT(A) dismissed the appeal due to lack of supporting documentary evidence. The Tribunal, after considering the voluminous paperbook submitted by the assessee's representative, decided to remand the case back to the AO for a fresh assessment.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 828903 (ITAT-NEW DELHI)
• Duration Of Justice: 3 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Delhi
• Assessment Year: misc
• Appeal Filed On: 01-10-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AJAY KUMAR ARORA
• Assessee Lawyers: SHRUTI GUPTA
• Keywords: Opportunity of being heard; Unexplained cash credit; Unexplained investment
• Section: 148; 68; 69

Judgement Text

"ITA No. 6228/DEL/2025 Puneet Kohli 1 | P a g e IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’, NEW DELHI BEFORE SHRI MAHAVIR SINGH, HON’BLE VICE PRESIDENT & MRS. RENU JAUHRI, HON’BLE ACCOUNTANT MEMBER ITA No. 6228/DEL/2025; Assessment Year: 2020-21 Shri Puneet Kohli A-242, New Subzi Mandi Azadpur Delhi- 110003 Vs Assessment Unit Income Tax Department (APPELLANT) (RESPONDENT) PAN No. ANMPK0830B Assessee by : Ms. Shruti Gupta, Adv. Revenue by : Shri Ajay Kumar Arora, Sr. DR Date of Hearing: 07.01.2026 Date of Pronouncement: 14.01.2026 ORDER PER RENU JAUHRI : The above captioned appeal is preferred before the Tribunal against the order dated 15.09.2025, passed by Ld. CIT(A)/NFAC, u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as, “Act”) in Appeal No. NFAC/2019- 20/10440522 for Assessment Year [A.Y.] 2020-21. 2. The Assessee has raised grounds of Appeal which are reproduced as below: “ Ground No. 1 That on the facts and in circumstances of case and in law, in making and addition of Rs. 2,23,99,000/- u/s 69A of Printed from counselvise.com ITA No. 6228/DEL/2025 Puneet Kohli 2 | P a g e the income tax Act, 1961 (for short the act), which is totally wrong and unjustified by the assessment unit. Ground No. 2 That on the facts and in circumstances of case and in law, in making and addition of Rs. 19,58,448/-by the disallowance of expenses to the assessment unit. Ground No. 3 That on the facts and in circumstances of case and in law, in making and addition of Rs. 3,33,676/- by the disallowance of other expenses to the assessment unit. Ground No. 4 That on the facts and in circumstances of case and in law, in making and addition of Rs. 8,00,000/- by the disallowance of other expenses to the assessment unit. Ground No. 5 That on the facts and in circumstances of case and in law, in making and addition of Rs. 70,94,025/-by the disallowance of unexplained cash credits u/s 68 being unexplained Current liabilities and provisions/current liabilities/sundry creditors to the assessment unit. Ground No. 6 That on the facts and in circumstances of case and in law, in making and addition of Rs. 32,73,278/-by unexplained investment u/s. 69 as advance towards TDI Flat of Rs. 23,73,278/- & advance to Shalini Kohli of Rs. 9,00,000/- to the assessment unit. The appellant craves leave to add, amend or alter any of the grounds mentioned above either before or at the time of hearing of the case. ” 3. Brief facts of the case are that the assessee filed return for A.Y. 2020-21 on 04.01.2021, declaring income of Rs. 5,55,490/-. In view of the information Printed from counselvise.com ITA No. 6228/DEL/2025 Puneet Kohli 3 | P a g e available with the department regarding cash deposits to the tune of Rs. 3,54,07,511/- and Rs. 2,23,99,000/- in the assessee’s current accounts, the case was re-opened and a notice u/s 148 was issued on 29.03.2024. As the assessee failed to furnish any documentary evidence in support of the claim that cash deposits of Rs. 2,23,99,000/- were on account of trading of ginger carried out by his proprietary concern as a licensed agent of APMC, the Ld. AO treated this amount as unexplained money u/s 69A while accepting the assessee’s explanation that Rs. 3,54,07,511/- were cash deposits of his father’s proprietary concern, M/s/ Lala Amardas Puran Chand Kohli & Co., where the assessee was only an authorized signatory. Assessment was completed at an income of Rs. 3,64,18,689/- after making further disallowance of expenses and addition on account of unexplained cash credits etc. Aggrieved, the assessee preferred an appeal before Ld. CIT(A). However, Ld. CIT(A) dismissed the assessee’s appeal on the ground that requisite supporting documentary evidences were not filed by the assessee. Further aggrieved, the assessee has filed the present appeal before the Tribunal. 4. Before us, Ld. AR has filed a voluminous paperbook and has requested for remand back to the Ld. AO for fresh consideration of the documentary evidences in support of assessee’s contentions. Printed from counselvise.com ITA No. 6228/DEL/2025 Puneet Kohli 4 | P a g e After hearing both the parties and in the interest of justice, we deem it appropriate to remand the matter to the Ld. AO for fresh consideration on merits after giving reasonable opportunity of being heard to the assessee. 5. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the Open Court on 14 -01-2026. Sd/- Sd/- (MAHAVIR SINGH) (RENU JAUHRI) Vice President Accountant Member Dated: 14.01.2026 Pooja Mittal Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi Printed from counselvise.com "