IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH ‘C’, NEW DELHI

Before Sh. Amit Shukla, Judicial Member
Dr. B. R. R. Kumar, Accountant Member

(Through Video Conferencing)

ITA No. 3780/Del/2010 : Asstt. Year : 2007-08

DCIT, Vs Tushar Kumar,
Central Circle-12, G-5, GTM House, Pushkar Enclave,
New Delhi Outer Ring Road, Pachim Vihar,
New Delhi-110063
(APPELLANT) (RESPONDENT)
PAN No. ABMPT5448C

Assessee by : Sh. K. Sampath, Adv.
Revenue by : Ms. Sunita Singh, CIT DR

Date of Hearing: 13.01.2021 Date of Pronouncement: 10.02.2021

ORDER

Per Dr. B. R. R. Kumar, Accountant Member:

The present appeal has been filed by the revenue against the
order of ld. CIT(A)-1, New Delhi dated 28.05.2010.

2. Following grounds have been raised by the revenue:
“1. The order of the Ld. CIT (Appeals) is not correct
in law and facts.

2. On the facts and circumstances of the case, the
Learned CIT(A) has erred in law and on facts in
deleting addition of Rs.1,25,00,000/- on protective
basis, towards undisclosed income on sale of flats as
recorded in documents seized during search in GTM
Group and impounded during survey under section
133A in M/s Haryana Citizen Co-op Housing Society,
2 ITA No.3780/Del/2010

Tushar Kumar

showing payments to the assessee while ignoring the
provisions of section 132(4A) and 292-C of income tax
Act, 1961. Learned CIT(A) has also deleted the
addition of substantive basis in the case of Ms GTM
Builders and Promoters Pvt. Ltd.

3. On the facts and circumstances of the case, the
Learned CIT(A) has erred in law and on facts in
deleting addition of Rs. 1,80,00,000/- on protective
basis, towards undisclosed expenditure for acquiring
certain rights in Wings CGHS Limited, Gurqaon, on the
basis of seized documents while ignoring the
provisions of section 132(4A) and 292-C of Income
Tax Act, 1961. Learned CIT(A) has also deleted the
addition of substantive basis in the case of M/s GTM
Builders and Promoters Pvt. Ltd.”

Undisclosed income on sale of flats of Haryana Citizen Co-
op Housing Society and Wings CGHS Limited:

3. The ground nos. 2 & 3 of the appeal of the revenue deals
with undisclosed income assessed in the hands of the assessee on
protective basis. The amounts were held to be received from M/s
Haryana Citizen Co-op Housing Society and Wings CGHS Limited,
Gurqaon. The matter has already been dealt in the case of GTM
Builders & Promoters Pvt. Ltd. in ITA No. 3783/Del/2010 AY 2007-
08 while dealing with the Ground Nos. 7 & 8 income from the
Cooperative Societies vide para no. 30 to 38 wherein it was held
that the addition was unwarranted.

4. Hence, the appeal of the revenue on this ground is liable to
be dismissed.
3 ITA No.3780/Del/2010

Tushar Kumar

5. In the result, the appeal of the revenue is dismissed.
Order Pronounced in the Open Court on 10/02/2021.

Sd/- Sd/-

(Amit Shukla) (Dr. B. R. R. Kumar)
Judicial Member Accountant Member

Dated: 10/02/2021 ASSISTANT REGISTRAR

*Subodh*
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT