Kimaya Buildtech LLP Vs DCIT (ITAT Delhi)
The appeal was filed by the assessee against the order dated 09.02.2026 passed by the Commissioner of Income Tax (Appeals)-3, Gurgaon, arising from an assessment order dated 09.05.2022 under Section 143(3) of the Income-tax Act, 1961 for Assessment Year 2021-22. The assessee, a limited liability partnership engaged in real estate development and sale, had filed its return declaring total income of ₹1,32,05,340.
The assessment originated from information received following a search conducted under Section 132 in the case of M/s. Blomstrende Buildwell Pvt. Ltd. Group. During the search, digital data and WhatsApp chats were seized from Shri Amit Chauhan, allegedly relating to the sale of property situated at W-15, GK-1, Delhi, and certain loan transactions. The Assessing Officer alleged that although the registered sale deed reflected consideration of ₹9 crore, the actual sale consideration was ₹13.50 crore, with ₹4 crore allegedly received in cash. The Assessing Officer also referred to WhatsApp chats indicating an alleged accommodation loan entry of ₹20 lakh. The assessee denied receiving any cash consideration or accommodation entry, maintained that the property had been sold for ₹9 crore through a registered sale deed, and disputed the allegations. Nevertheless, the Assessing Officer added ₹4 crore to the assessee’s income, which was subsequently confirmed by the CIT(A).
