UTPALKUMAR DEVENDRAKUMAR THAKOR,VAPI V. DCIT, VAPI CIRCLE, VAPI

ITA 1115/SRT/2025

AI Insights

This case involves an appeal by Utpalkumar Devendrakumar Thakor against the order of the National Faceless Appeal Centre (NFAC), which upheld the addition of Rs. 5,25,000 to his income for the assessment year 2013-14. The addition was initially made by the Assessing Officer (A.O.) under section 69 of the Income Tax Act, alleging that the amount represented 'on money' paid for a flat. The assessee argued that the payment was from accounted sources, supported by bank statements detailing withdrawals that matched the payment. The tribunal, after reviewing the submissions and evidence, agreed with the assessee, leading to the allowance of the appeal.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 830825 (ITAT-SURAT)
• Duration Of Justice: 2 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: misc
• Appeal Filed On: 28-10-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHISH KUMAR
• Assessee Lawyers: SURESH K. KABRA
• Section: 69

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL SURAT “SMC” BENCH, SURAT BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER I.T.A. No. 1115/SRT/2025 (Assessment Year: 2013-14) Utpalkumar Devendrakumar Thakor, 203, Samrajya Appt- 1, Royal Residency, Gogul Vihar Township Chharwada Road, Vapi-396191 PAN : AARPT3250A Vs. The DCIT, Vapi Circle, Vapi (Appellant) .. (Respondent) Appellant by : Shri Suresh K. Kabra, C.A. Respondent by: Shri Ashish Kumar, Sr. D.R. Date of Hearing 20.01.2026 Date of Pronouncement 23.01.2026 O R D E R PER SUCHITRA KAMBLE, JUDICIAL MEMBER:- This is an appeal filed against the order dated 22-08-2024 passed by National Faceless Appeal Centre (NFAC), Delhi for assessment year 2013-14. 2. The assesee filed return of income at Rs. 39,58,637/- from salary and Rs. 18143/- from other sources. The Assessing Officer found that the assessee has given cash of Rs. 10,50,000/- for booking of his flat. The A.O. after taking cognizance of the reply of the assessee made addition of Rs. 5,25,000/- as on money payment u/s. 69 of the Act. The ld. A.R. submitted that the assessee has given the details along with ownership of the said flat along with his wife was purchased jointly of the consideration of Rs.60,00,000/-. The assessee has given details from the HDFC Printed from counselvise.com ITA No. 1115/Srt/2025 Utpalkumar Devendrakumar Thakor Vs. ITO Asst. Year : 2013-14 - 2– Bank totaling to Rs. 9,92,500/- from the period 03-04-2012 to 28-03-2013. 3. The ld. D.R. relied upon the assessment order and the order of the CIT(A). 4. We have heard both the parties and perused the material available on record. It is pertinent to note that that the assessee is a salaried and does not maintain regular books of accounts. In fact, the assessee has given details of withdrawals at page 7 of the paper book along with corresponding bank statement. The said fact was totally ignored by the A.O. as well as by the CIT(A). The contention of the assessee was that the cash payment as related to on money was also from accounted sources which stands verified from the bank account. Hence we hold that no addition is called for on account of on money. 5. In the result, the appeal of the assessee is allowed. The order is pronounced in the open Court on 23.01.2026 Sd/- Sd/- Sd/- Sd/- (DR. B.R.R. KUMAR) (SUCHITRA KAMBLE) VICE-PRESIDENT JUDICIAL MEMBER Surat; Dated 23/01/2026 ak आदेश की \u0007ितिलिप अ ेिषत/ / / /Copy of the Order forwarded to : 1. अपीलाथ\u0011 / The Appellant 2. \u0007\u0012थ\u0011 / The Respondent. 3. संबंिधत आयकर आयु\u001a / Concerned CIT Printed from counselvise.com ITA No. 1115/Srt/2025 Utpalkumar Devendrakumar Thakor Vs. ITO Asst. Year : 2013-14 - 3– 4. आयकर आयु\u001a ) ) ) ) अपील ( ( ( ( / The CIT(A)- 5. िवभागीय \u0007ितिनिध , , , , आयकर अपीलीय अिधकरण , , , , /DR,ITAT, Surat, 6. गाड! फाईल / / / / Guard file. आदेशानुसार/ BY ORDER, TRUE COPY सहायक पंजीकार (Asstt. Registrar) आयकर अपीलीय अिधकरण ITAT, Surat Printed from counselvise.com "