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Facts
The appeals were filed against orders arising from proceedings under Section 147 read with Section 144 of the Income-tax Act. The assessee's grounds challenged the validity of the reopening itself. The Assessing Officer initiated reassessment proceedings for verification of purchases, but no additions were made by the lower authorities on this ground.
Held
The Tribunal quashed both impugned reopening proceedings, citing the case of Ranbaxy Laboratories v. CIT. As a consequence, all other pleadings on merits were rendered academic.
Key Issues
Whether the reopening of assessment proceedings were valid when no additions were made by the lower authorities based on the grounds for reopening.
Sections Cited
147, 144, 148
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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA
O R D E R PER SATBEER SINGH GODARA, JM: These assessee’s twin appeals & 4642/Del/2025 for assessment years 2015-16 & 2016-17 arises against CIT(A)/ NFAC, Delhi’s DIN & orders Nos. ITBA/NFAC/S/250/2025-26/1076220857(1) & ITBA/NFAC/S/250/2025-26/1076223849(1), both dated 15.05.2025 in proceedings u/s 147 read with section 144 of the Income-tax Act, 1961, hereinafter referred to as the ‘Act’ respectively.
Cases called twice. None appears at the assessee’s behest. It is accordingly proceeded ex parte.
It is next noticed with the able assistance coming from the Revenue side that assessee’s first and foremost identical substantive ground challenges validity of the impugned reopening (s) itself as learned Assessing Officer has initiated section 148 proceedings against the assessee for the purpose of verification of its purchases from Himalaya International, whereas the twin reassessment(s) have ended up in adding 8% profits on total turnover which stands upheld in the lower appellate discussion. It is thus clear that both the lower authorities have not made any addition qua the foregoing sole reopening ground of reopening. That being the case, I hereby quote Ranbaxy Laboratories v. CIT (2011) 336 ITR 136 (Del.) to quash both the impugned reopening (s) in very terms. Ordered accordingly.
All other pleadings on merits stand rendered academic.
These assessee’s twin appeals & 4642/Del/2025 are allowed in above terms. A copy of this common order be placed in respective case files.
Pronounced in open court on 20.08.2025