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WhatsApp Chats Alone Cannot Prove ₹23 Cr On-Money; Refurbishment Proposal Accepted & Addition U/s 69 Deleted

Case Law Details

TaxGuru Citation
2026 taxguru.in 2158
Case Name
DCIT Vs Payal Khemka (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2020-21
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DCIT Vs Payal Khemka (ITAT Delhi)

Search proceedings in the Khemka Group revealed WhatsApp chats discussing a proposed property deal at A-32, Westend Colony, Delhi with a tentative price split of “76/23”. Based solely on these chats, the AO concluded that ₹23 crore represented undisclosed cash consideration paid over and above the registered value of ₹76 crore and made addition u/s 69 r.w.s. 115BBE.

However, the CIT(A) examined the entire seized material holistically—including draft agreement to sell, renovation cost estimates and a board resolution dated 10-04-2019—and held that ₹23 crore referred only to proposed refurbishment cost to be incurred by the seller, which was later abandoned when the property was purchased “as-is” for ₹76 crore. Statements of the buyer, broker and seller consistently confirmed that no cash component was involved.

The Tribunal upheld the deletion observing that:

  • WhatsApp chats may raise suspicion but cannot justify addition without corroborative evidence.
  • All seized documents and statements must be read together; when viewed holistically, they negated the allegation of cash payment.
  • No evidence existed to prove execution of alleged cash terms or actual payment of ₹23 crore.
  • The registered sale deed and board resolution supported the assessee’s explanation that the renovation proposal was dropped before purchase.

Accordingly, the addition treating ₹17.25 crore (assessee’s share) as unexplained investment was held unsustainable, and the Revenue’s appeals were dismissed while cross-objections became academic.

FULL TEXT OF THE ORDER OF ITAT DELHI

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,941

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