2026 (5) TMI 1637

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....or Appellant(s): Ankur Agarwal. Counsel for Respondent(s): Suyash Agarwal. ORDER 1. Heard Shri Ankur Agarwal, learned counsel for the appellants and Shri Rakesh Ranjan Agarwal, learned Senior Advocate assisted by Shri Sumit Mishra, learned counsel for assessee. 2. Present appeal filed by the revenue arises from the order dated 08.10.2025 passed by the Income Tax Appellate Tribunal, Del....

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....aid down by the Hon'ble Supreme Court in the case of Sumati Dayal Vs. CIT? 4. Whether the Ld. ITAT erred in law by failing to apply the principle of preponderance of probabilities, as enunciated in Sumati Dayal vs. CIT, wherein the Supreme Court held that apparent transactions must be tested against surrounding circumstances and human conduct, thereby overlooking that the assessee&#39....

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....r, here another corporation M/s Apurva Leasing Finance and Investment Company, that may have led to addition at the hands of the third party i.e. the investor. However, the present assessee has no means to verify the source of investment made in its share capital. 7. To the extent, issuance of shares is genuine, other issues may fade into insignificance. 8. Having heard learned counsel for t....