February 26, 2026 : The Delhi Bench of the Income Tax Appellate Tribunal has remanded a dispute involving an addition of ₹32.13 lakh made against a Greater Noida taxpayer over alleged cash payments for purchase of a commercial unit at Omaxe Connaught Place-IV.

In Anuradha Singh v. Circle 5(1)(1), Gautam Budh Nagar (ITA No. 8303/Del/2025), Judicial Member C.N. Prasad restored the matter to the Assessing Officer and directed that all material relied upon for making the addition must be furnished to the assessee. The Tribunal further held that if any statements are relied upon while framing the assessment, an opportunity for cross-examination must be granted. The order was pronounced on February 25, 2026.

The dispute arose from reassessment proceedings initiated under Section 147 of the Income Tax Act following information received from the Investigation Wing after a search under Section 132 in the case of the Omaxe Group. During the search, an Excel sheet was seized which allegedly reflected that the assessee had made cash payments of ₹32,13,800 in Financial Year 2019–20 towards purchase of a commercial unit at Omaxe Connaught Place-IV, Greater Noida. Based on this material, the Assessing Officer treated the amount as unexplained investment under Section 69 read with Section 115BBE. The addition was subsequently upheld by the CIT(A)/NFAC by order dated November 10, 2025.

Before the Tribunal, the assessee contended that no cash payment had ever been made and that the entire sale consideration had been paid through banking channels. It was argued that the Assessing Officer had relied solely on the Excel sheet seized in the case of the Omaxe Group and on alleged statements recorded during the search, without furnishing the material or granting an opportunity for cross-examination. The assessee also placed on record a certificate issued by Omaxe Limited confirming receipt of the consideration through banking channels and denying any cash transaction.

The Tribunal noted that the addition was indeed based on seized material found during the search in the case of the Omaxe Group and that the Excel sheet formed the primary basis for the addition. It also took into account the assessee’s grievance that the material relied upon had not been provided and that cross-examination had not been allowed.

Considering the overall facts and circumstances, the Tribunal held that the issue required fresh examination. It directed the Assessing Officer to provide all materials forming the basis of the addition and to allow cross-examination if any statements are relied upon while making the addition. The Tribunal further directed that the detailed objections filed by the assessee be properly considered and disposed of before framing the assessment afresh.

The appeal was accordingly allowed for statistical purposes and the matter remanded to the Assessing Officer for fresh adjudication.

Case Reference : ITA No. 8303/Del/2025 – Anuradha Singh v. Circle 5(1)(1), Gautam Budh Nagar; Counsels: For the Assessee – Sh. Shafiq Khan, Advocate and Ms. Anjani Suri, Advocate; For the Respondent – Sh. Manoj Kumar, Sr. DR.