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Arun Kumar Gupta, A-2/83, Safdarjung Enclave, New Delhi. Vs. ACIT, Central Circle, Meerut.
October, 07th 2015
       IN THE INCOME TAX APPELLATE TRIBUNAL
           DELHI BENCH : SMC-I : NEW DELHI

     BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER
                       ITA No.4413/Del/2014
                      Assessment Year : 2009-10

Arun Kumar Gupta,                  Vs.          ACIT,
A-2/83,                                         Central Circle,
Safdarjung Enclave,                             Meerut.
New Delhi.

PAN : AADPG9781F


      (Appellant)                            (Respondent)

           Appellant by : Shri Prashant Narang, CA
           Respondent by: Shri S.L. Anuragi, Sr.DR

           Date of Hearing      : 01.10.2015
           Date of Pronouncement: 06.10.2015

                                ORDER


      This appeal by the assessee is directed against the order passed by

the CIT(A) on 19.05.2014 in relation to the Assessment Year 2009-10.



2.    The only issue raised in this appeal is against confirmation of

addition of Rs.1,57,654/-.
                                                            ITA No.4413/Del/2014   2





3.     Briefly stated, the facts of the case are that a search and seizure

operation u/s 132 was conducted on 6.2.2009 in the cases of Supertech

& Crossing Infrastructure groups of Ghaziabad and at the residences of

directors of the companies, namely, M/s Crossing Infrastructure (P)

Ltd., and M/s Surya Merchants Ltd. Cash of Rs.40.44 lac was found

from Shri Arun Gupta, the assessee in question and Goldy Gupta, S/o

the assessee.         After making certain adjustments, an addition of

Rs.1,57,654/- was made on account of unexplained cash u/s 69A in the

hands of the assessee. Simultaneously, an addition of Rs.6,57,620/- was

made in the hands of Shri Goldy Gupta. The addition so made by the

AO has been confirmed in the first appeal. The assessee is aggrieved

against this confirmation of addition.


4.     I have heard the rival submissions and perused the relevant

material on record. It is observed that the case of Shri Goldy Gupta

came     up     for     consideration   before   the   Tribunal    in     ITA

No.4411/Del/2014. Vide its order dated 31.8.2015, the Tribunal has

restored the matter to the file of AO for examining the veracity of the

statements and then disposing of the appeal, after allowing an
                                                          ITA No.4413/Del/2014   3





opportunity of hearing. Both the sides are in agreement that the facts

and circumstances of the instant addition made in the hands of the

assessee amounting to Rs.1,57,654/- are identical with those of Shri

Goldy Gupta. Respectfully following the precedent, I set aside the

impugned order and send the matter back to the file of AO for deciding

this issue afresh in conformity with the directions given by the Tribunal

in the case of Shri Goldy Gupta.


5.       In the result, the appeal filed by the assessee is allowed for

statistical purposes.

       The decision was pronounced in the open court on 06th October,

       2015.

                                                         Sd/-

                                                 (R.S. SYAL)
                                           ACCOUNTANT MEMBER
Dated: 06th October, 2015.
dk

Copy forwarded to

1.    Appellant
2.    Respondent
3.    CIT
4.    CIT(A)
5.    DR
                                        Dy. Registrar, ITAT, New Delhi

 
 
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