IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER AND SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER ITA no.2731/Mum./2023 (Assessment Year : 2021–22)

DCIT, CC-3(2)

Room No. 1913, 19^th Floor ……………. Appellant Air India Building, Nariman Point Mumbai-400021 v/s Arun Jain

11, Vikash Park, Jalpankhi Co-op, HSG, Society Ltd, ……………. Respondent Juhu Tara Road, Juhu, Mumbai-400049 PAN – AAFPJ0335G Assessee by : Shri Jay Bhansali Revenue by : Shri Sunny Kachhwaha Date of Hearing – 30/05/2024 Date of Order –07/06/2024

O R D E R

PER SANDEEP SINGH KARHAIL, J.M.

The present appeal has been filed by the Revenue challenging the impugned order dated 09/05/2023, passed u/s 250 of the Income Tax Act, 1961 ("the Act") by the learned Commissioner of Income Tax (Appeals)-51, Mumbai, [“learned CIT(A)”], for the assessment year 2021-22.

2. In its appeal, the Revenue has raised the following grounds:–

“1. On the facts and circumstances of the case, the Ld. CIT(A) erred in deleting the addition made u/s 69A amounting to Rs.3,95,15,327/- on account of sales made to M/s. Gulathi Enterprises reflected against the PAN of the assessee.

2. On the facts and circumst