2026 (9) TMI 1243

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....Smt. Meena Arora and son Sh. Virat Arora. All other relevant details stand tabulated as under: Sl. No. Appeal No. Appellant Respondent Order Appealed against 1. ITA No. 115/DDN/2026 for AY: 2020-21 Sh. Raghu Nath Arora, Kashipur DCIT/ACIT (Central),Haldwani CIT(A), Lucknow-3's order dated 31.12.2025 having DIN & Order No. ITBA/APL/S/250/2025-26/1084252327(1), involving proceedings under Section 147 of the Act. 2. ITA No.116/DDN/2026 for AY: 2021-22 Sh. Raghu Nath Arora, Kashipur DCIT/ACIT (Central), Haldwani CIT(A), Lucknow-3's order dated 10.01.2026 having DIN & Order No. ITBA/APL/S/250/2025-26/1084634916(1), involving proceedings under Section 147 r.w.s. 143(3) of the Act. 3. ITA No. 117/....

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....0,00,480/- and Rs. 57,43,570/- and similar addition(s) of Rs. 88,70,170/- and Rs. 1,05,49,351/- in their hands in both these assessment years; respectively. There is hardly any dispute between the parties that the learned departmental authorities had carried out the relevant section 132 search action in this family's case(s) on 07.02.2022 wherein they allegedly came across the seized materials indicating various unaccounted transactions representing cash receipts and expenses etc. by both these assessees. And that the learned Assessing Office thereafter made the impugned additions in both these assessees' respective hands to the extent indicated hereinabove which stand upheld in the CIT(A)'s detailed discussion. 3. That being the case, b....

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....der section 142(A)(i) of the Act. We further wish to emphasize here that case-law Commissioner of Income-tax v. Dr. Indra Swaroop Bhatnagar, (2013) 30 taxmann.com 293 (Allahabad), CIT Vs. D.M. Prunesh (2020) 426 ITR 169 (Kar)(HC) and Smt. B. Jayalakshmi vs. ACIT (2018) 96 taxmann.com 486 (Mad.), inter alia, hold that such valuer report; or, for that, even a favourable remand report is very much binding on the learned departmental authorities wherein the department could not be treated as an aggrieved party as well. We thus adopt the very precise reason hereinabove to conclude that both these assessees' corresponding substantive grounds challenging section 69A unexplained money additions deserve to be accepted therefore. We order accordingly....