THE INCOME TAX APPELLATE TRIBUNAL DELHI “G” BENCH: NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER &

SHRI MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.4038/Del/2025 [Assessment Year : 2013-14]

Ritu Jain vs JCIT (OSD)

No.11, Barbar Lane, Bengali Central Circle-1 Market, New Delhi-110001 Noida PAN-AAMPJ9586C APPELLANT RESPONDENT ITA No.4042/Del/2025 [Assessment Year : 2013-14]

Anoop Jain vs JCIT (OSD)

No.11, Barbar Lane, Bengali Central Circle-1, Market, New Delhi-110001 Noida PAN-AADPJ2136K APPELLANT RESPONDENT ITA No.4043/Del/2025 [Assessment Year : 2013-14]

Anoop Jain HUF vs JCIT (OSD)

No.11, Barbar Lane, Bengali Central Circle-1, Market, New Delhi-110001 Noida PAN-AAAHA6321A APPELLANT RESPONDENT Appellant by Shri S.K.Tulsian, Adv. &

Shri Bhoomija Verma, Adv.

Respondent by Shri Mahes Kumar, CIT DR Date of Hearing 03.09.2025 Date of Pronouncement 29.10.2025 ORDER PER MANISH AGARWAL, AM :

These three appeals are filed by assessee against the separate orders dated 20.05.2025 passed by the Ld. Commissioner of Income Tax (A)-3, Noida [“Ld. CIT(A)”], all are pertaining to Assessment Year

2013-14.

2. As these three appeals are having the issues which are inter- linked, inter-connected and this fact has been admitted by both the parties during the course of hearing before us, therefore, they all are decided by a common order.

ITA No.4038/Del/2025 [Assessment Year : 2013-14]

3. First we take up the appeal of Ritu Jain in ITA No. 4038/Del/2025 for Assessment Year 2013-14 which is arising out of order of Ld. CIT(A) dated 20.05.2025 decided against the assessee by confirming the order passed u/s 153A r.w.s. 143(3) of the Income Tax Act, 1961 [“the Act”] dated 28.09.2021.

4. Brief facts of the case are that a search and seizure operation was carried out u/s 132 of the Act on 11.10.2018 at PMC Group of cases and office and residential premises of the assessee were also covered. Thereafter, case of the assessee was centralized in terms of order passed u/s 127 of the Act by Ld. Pr. CIT-18, New Delhi dated 13.03.2020. Consequently, notice u/s 153A of the Act was issued on 31.08.2020, in response to which return of income was filed on 29.10.2020, declaring total income of INR 3,40,08,520/- i.e. the same income as was declared in the original return of income filed u/s 139 of the Act on 31.07.2013. Thereafter, notice u/s 143(2) was issued followed by notices u/s 142(1) alongwith questionnaires issued from time to time and the same were duly replied by the assessee alongwith the necessary evidences. Thereafter, assessment was completed in terms of order passed u/s 153A r.w.s. 143(3) of the Act dated 28.09.2021 wherein following additions were made:-

(i) Addition u/s 69A of the Act r.w.s 115BBE of INR

7,09,84,787/- towards Long Term Capital Gain (“LTCG”) holding as bogus and unaccounted income of the assessee;

(ii) Addition of INR 21,29,543/- was made u/s 69C on account of alleged commission paid for obtaining bogus LTCG and further invoked section 115BBE; and (iii) Addition of INR 10,00,000/- was made u/s 69A by treating the cost price of the purchase of share as unaccounted income of the assessee and further invoked section 115BBE of the Act.

5. Against the said order, assessee filed an appeal before Ld. CIT(A) who vide order dated 20.05.2025, has dismissed the appeal of the assessee.

6. Aggrieved by the order of Ld.CIT(A), assessee is in appeal before the Tribunal by taking following grounds of appeal:-

1. “That on facts and in law, the impugned assessment order dated

28.09.2021 and the impugned order dated 20.05.2025 is arbitrary, erroneous, without jurisdiction and justification and hence unsustainable in law.

2. That the Ld. A.O and the Ld. CIT(A) have erred in ignoring the mandate of Sec. 153A of the Act (as it existed on the date of search) and the settled position of law that categorically requires additions for unabated assessment years to be made solely on the basis of "incriminating material" unearthed during the course of the Assessee's search.

3. T