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
Assessment Year : 2009-10
Arun Kumar Gupta, Vs. ACIT,
A-2/83, Central Circle,
Safdarjung Enclave, Meerut.
PAN : AADPG9781F
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
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
The decision was pronounced in the open court on 06th October,
Dated: 06th October, 2015.
Copy forwarded to
Dy. Registrar, ITAT, New Delhi