DCIT v. Yograj Arora - Taxpublishers.in

Case Laws Analysis
REFERRED Common Cause (A Registered Society) v. UOI 2017 TaxPub(DT) 0209 (SC)
REFERRED CIT v. Atam Valves (P) Ltd. 2011 TaxPub(DT) 0067 (P&H-HC)
REFERRED CIT v. Anil Bhalla 2010 TaxPub(DT) 1424 (Del-HC)
REFERRED CIT v. D.K. Gupta 2008 TaxPub(DT) 2318 (Del-HC)

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The Tax Publishers2024 TaxPub(DT) 396 (Del-Trib) IN THE ITAT DELHI BENCH F BRR KUMAR, A.M. & ASTHA CHANDRA, J.M. DCIT v. Yograj Arora ITA No. 2440/Del/2022 A.Y. 2017-18 7 November 2023 Assessee by: R.S. Ahuja, CA Department by: Vivek Vardhan, Sr. DR ORDER *Astha Chandra, J.M.* The appeal filed by the Revenue is directed against the order dated 20-7-2022 of the learned Commissioner of Income Tax (Appeals)-29, New Delhi (CIT(A)) pertaining to Assessment year (AY) 2017-18. 2. The Revenue has taken the following grounds of appeal:- 1. Whether on the facts & in the circumstances of the ease and law, the learned Commissioner (Appeals)) is legally justified in deleting the addition on account of unexplained cash income of Rs. 1,45,00,000 without appreciating the fact that additional incriminating material in the form of diary in which details of various cash payment mentioned was found during the course of search on assessee. 2. Whether the order of the Commissioner (Appeals)is perverse, erroneous and is not tenable on facts and in law. 3. Whether the grounds of appeal are without prejudice to each other. 3. The brief facts are that it is a case of search conducted under section 132(1) of the Income Tax Act, 1961 (the Act) on 05-10-2017 at the residential premises of the assessee who is a practicing Chartered Accountant. For assessment year 2017-18 he had filed his return on 24-3-2018 declaring income of Rs. 12,16,68,990 which was processed under section 143(1) of the Act. SUBSCRIBE FOR FULL CONTENT

The Tax Publishers2024 TaxPub(DT) 396 (Del-Trib)

IN THE ITAT DELHI BENCH F

BRR KUMAR, A.M. & ASTHA CHANDRA, J.M.

DCIT v. Yograj Arora

ITA No. 2440/Del/2022

A.Y. 2017-18

7 November 2023

Assessee by: R.S. Ahuja, CA

Department by: Vivek Vardhan, Sr. DR

ORDER

Astha Chandra, J.M.

The appeal filed by the Revenue is directed against the order dated 20-7-2022 of the learned Commissioner of Income Tax (Appeals)-29, New Delhi (CIT(A)) pertaining to Assessment year (AY) 2017-18.

2. The Revenue has taken the following grounds of appeal:-

1. Whether on the facts & in the circumstances of the ease and law, the learned Commissioner (Appeals)) is legally justified in deleting the addition on account of unexplained cash income of Rs. 1,45,00,000 without appreciating the fact that additional incriminating material in the form of diary in which details of various cash payment mentioned was found during the course of search on assessee.

2. Whether the order of the Commissioner (Appeals)is perverse, erroneous and is not tenable on facts and in law.

3. Whether the grounds of appeal are without prejudice to each other.

3. The brief facts are that it is a case of search conducted under section 132(1) of the Income Tax Act, 1961 (the Act) on 05-10-2017 at the residential premises of the assessee who is a practicing Chartered Accountant. For assessment year 2017-18 he had filed his return on 24-3-2018 declaring income of Rs. 12,16,68,990 which was processed under section 143(1) of the Act.