VIKAS JAIN,NOIDA V. ACIT, CC-7, DELHI

SA 4/DEL/2026

AI Insights

The case involves four appeals filed by Shri Vikas Jain against the orders of the Commissioner of Income Tax (Appeals)-24, New Delhi, concerning the assessment years 2019-20 to 2022-23. The appeals were related to issues of bogus purchases and earning of commission income, which were examined following a search and seizure operation. The Ld. CIT(A) had dismissed the appeals due to non-compliance and absence of submissions from the assessee, relying on a Supreme Court decision. The assessee, represented by Shri Saurabh Jain, CA, argued that they could not submit due to seeking information under the Right to Information Act. The Income Tax Department, represented by Shri Manish Gupta, Sr. DR, did not object to setting aside the impugned orders for fresh adjudication.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 829448 (ITAT-NEW DELHI)
• Duration Of Justice: 10 day(s)
• Appeal Type: Stay Application
• Pronouncement Date: 16-01-2026
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Delhi
• Assessment Year: misc
• Appeal Filed On: 06-01-2026
• Other Referred Cases: Shri B.N. Bhattacharya and others 118 ITR 461
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANISH GUPTA
• Assessee Lawyers: SAURABH JAIN
• Keywords: Set aside; Bogus purchase; Search and seizure; Recovery proceedings; Application of stay; Bogus
• Section: 148; 143(3)

Judgement Text

" ITA nos.- 8433 to 8436/Del/2025 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, G: NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER AND SHRI BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER ITA No.- 8433/Del/2025 along with Stay Application No.-01/Del/2026 [Assessment Year: 2019-20] Shri Vikas Jain, Flat No.- 401, Tower-3, ParasvnathPletina, Swarn Nagar, Greter Noida-201308, Uttar Pradesh. Vs The Assistant Commissioner of Income Tax, Central Circle-7, New Delhi. PAN- AKOPJ6808M Assessee Revenue ITA No.- 8434/Del/2025 along with Stay Application No.-02/Del/2026 [Assessment Year: 2020-21] Shri Vikas Jain, Flat No.- 401, Tower-3, ParasvnathPletina, Swarn Nagar, Greter Noida-201308, Uttar Pradesh. Vs The Assistant Commissioner of Income Tax, Central Circle-7, New Delhi. PAN- AKOPJ6808M Assessee Revenue ITA No.- 8435/Del/2025 along with Stay Application No.-03/Del/2026 [Assessment Year: 2021-22] Shri Vikas Jain, Flat No.- 401, Tower-3, ParasvnathPletina, Swarn Nagar, Vs The Assistant Commissioner of Income Tax, Central Circle-7, Printed from counselvise.com ITA nos.- 8433 to 8436/Del/2025 2 Greter Noida-201308, Uttar Pradesh. New Delhi. PAN- AKOPJ6808M Assessee Revenue ITA No.- 8436/Del/2025 along with Stay Application No.-04/Del/2026 [Assessment Year: 2022-23] Shri Vikas Jain, Flat No.- 401, Tower-3, ParasvnathPletina, Swarn Nagar, Greter Noida-201308, Uttar Pradesh. Vs The Assistant Commissioner of Income Tax, Central Circle-7, New Delhi. PAN- AKOPJ6808M Assessee Revenue Assessee by Shri Saurabh Jain, CA Revenue by Shri Manish Gupta, Sr. DR Date of Hearing 16.01.2026 Date of Pronouncement 16.01.2026 ORDER PER BENCH: These four appeals are filed by the assessee against the order even dated 24.10.2024 of Commissioner of Income Tax (Appeals)-24, New Delhi-110055, [hereinafter referred to as the ‘Ld. CIT(A)] passed under section 143(3) of the Income-tax Act, 1961 ['the Act') for Assessment Year ('AY\") 2019-20, 2020-21, 2021-22 and 2022-23 respectively arising out of Assessment order different dated Printed from counselvise.com ITA nos.- 8433 to 8436/Del/2025 3 27.03.2024, 30.03.2024, 26.02.2023 and 30.03.2024 passed under Section 143(3) and 147 of the Income-tax Act, 1961(hereinafter referred to as ‘the Act’). Since the issues involved in both the appeals of the same assessee are related, they are disposed of by this consolidated order, for the sake of convenience and brevity. S. No. ITA A.Y. AO’s order dated CIT(A)’s order dated 1. 8433/Del/2025 2019-20 24.10.2025 27.03.2024 2. 8434/Del/2025 2020-21 24.10.2025 30.03.2024 3. 8435/Del/2025 2021-22 24.10.2025 26.02.2023 4. 8436/Del/2025 2022-23 24.10.2025 30.03.2024 2. At the time of hearing of the Stay Application filed in these appeals seeking stay of demands for respective assessment years involved, it was found that the impugned order passed by the Ld. CIT(A) were made in the absence of any submissions and evidences from the assessee. The Ld. CIT(A) has observed that various notices being issued and non-compliance on the part of the assessee and relying upon the decision of the Hon’ble Supreme Court in the case of Shri B.N. Bhattacharya and others 118 ITR 461, the assessee’s appeals were dismissed. 3. The Ld. Counsel for the assessee has submitted that they had sought information under the Right to Information Act to collect information and file the written submissions, thereafter, could not file submissions and evidences before the Ld. First Appellate Authority. Printed from counselvise.com ITA nos.- 8433 to 8436/Del/2025 4 4. The issues involved in the appeals are common and we find that, out of search and seizure operation, the case of the assessee was selected for scrutiny assessment in terms of the Explanation 2(iv) to Section 148 of the Income Tax Act, 1961. The assessee alleged issue of bogus purchases and earning of commission income was examined, and additions were made, which have been sustained in the appellate proceedings, but assessee claimed that business was genuine. 5. Therefore, while hearing the stay applications itself, the Bench having considered the merits of the appeals, as well, was of the view that the appeals themselves deserved to be allowed for statistical purposes, now or later, and no purpose will be served by keeping them pending while adjudicating the stay applications. 6. The Ld. DR had no objection to the setting aside of the impugned orders of Ld. CIT(A) for afresh adjudication. 7. The Ld. AR, however, submitted that direction be given to the Ld. First Appellate Authority below to revive the stay of demand. We find that the Ld. PCIT, Central Delhi-1, vide order dated 07.01.2025, had granted the stay of recovery proceedings pending disposal of the appeal before the Ld. CIT(A), subject to payment of 7.50% of the outstanding demand, which was complied. Printed from counselvise.com ITA nos.- 8433 to 8436/Del/2025 5 8. Thus, we are of considered view that assessee may move a fresh application before the Ld. PCIT for stay of demand, which shall be considered in accordance with law. 9. In view of the above, the appeals in hand are allowed for statistical purposes, the impugned orders of the Ld. CIT(A) are set aside and issued are rested to the files of the Ld. CIT(A) for giving a fresh opportunity of hearing and to decide the issues afresh. 10. Consequently, the stay applications stand infructuous and dismissed. Order pronounced in the open court on 16th January, 2026. Sd/- Sd/- [BRAJESH KUMAR SINGH] [ANUBHAV SHARMA] ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 16.01.2026. Pooja Copy forwarded to: 1. Assessee 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi, Printed from counselvise.com "