THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -1 vs SOM HARI INFRASTRUCTURE PVT. LTD.

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:- 7th January, 2026. + ITA 699/2025 and CM APPL. 75698/2025 THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -1 .....Appellant Through: Mr Ruchir Bhatia, SSC and Mr. Anant Mann, JSC. versus SOM HARI INFRASTRUCTURE PVT. LTD. .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VINOD KUMAR JUDGMENT DINESH MEHTA, J. (Oral) 1. The present appeal relates to the addition of a sum of Rs.21,00,00,000/- to the returned income in the hands of the respondent- assessee for the Assessment Year (AY) 2012-13, which was made by the Assessing Officer (AO) holding, inter alia, that the concerned firm located in Kolkata did not have creditworthiness. 2. The Commissioner of the Income Tax (Appeals)-24 (hereinafter referred to as ‘CIT(A)’) set aside the aforesaid addition vide his order dated 22.06.2020 holding that there was no incriminating material unearthed during the search proceedings. And the conclusion that the firm at Kolkata, which had advanced sum of Rs.21,00,00,000/- did not have creditworthiness was drawn only during the assessment proceedings. The CIT(A) also relied upon judgment of this Court in the case of Commissioner of Income-tax Signature Not Verified Digitally Signed ITA 699/2025 Page 1 of 2 By:NAVEEN KUMAR Signing Date:09.01.2026 19:02:48 (Central)-III vs. Kabul Chawla, reported in [2015] 61 taxmann.com 412 (Delhi) and deleted the addition so made. 3. It is to be noted that the judgment of this Court rendered in the case of Kabul Chawla (supra) has been affirmed by Hon'ble the Supreme Court in the case of Principal Commissioner of Income Tax, Central-3 vs. Abhisar Buildwell Private Limited reported in (2024) 2 SCC 433. 4. In an appeal filed by the Department, against the abo