DEEPAK LAKRA,SONIPAT vs. INCOME TAX OFFICER WARD-1, SONIPAT
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the Assessing Officer's action of reopening was based on seeking verification of bank entries rather than having recorded specific reasons to believe income had escaped assessment. Quoting a precedent, the Tribunal concluded the reopening was not sustainable in law.
What were the facts?
The assessee's appeal for AY 2012-13 arose from an order passed in proceedings under Section 147 read with Section 143(3) of the Income Tax Act. The primary ground raised by the assessee challenged the validity of the reopening itself.
What were the issues?
Whether the reopening of assessment under Section 147 was valid when the AO merely sought to verify bank entries without forming a belief that income had escaped assessment?
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Le Passage to India Tours & Travels (P.) Ltd. v. Addl. CIT3 citing58 Taxmann.com 144 · 2015 · HC
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
Asstt. Year: 2012-13 Deepak Lakra, Vs Income Tax Officer, H. No. 603/20, Gali No. 6, Ward-1, Narender Nagar, Sonepat, Sonepat, Haryana-131001 Haryana-131001 (APPELLANT) (RESPONDENT) PAN No. ADFPL0177P Assessee by: Sh. Subodh Jain, Adv. Revenue by : Sh. Manoj Kumar, Sr. DR Date of Hearing: 21.07.2025 Date of Pronouncement: 21.07.2025 ORDER This assessee’s appeal for Assessment Year 2012-13 arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2024-25/1074478924(1) dated 13.03.2025, in proceedings u/s 147 r.w.s. 143(3) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
It transpires during the course of hearing that the assessee herein raises his first and foremost legal arguments/ground challenging validity of the impugned reopening itself as the learned Assessing Officer had only sought to verify the source of the corresponding bank entries than having recorded his reasons to believe that his taxable income in question liable to be assessed had escaped Deepak Lakra assessment. This being the clinching factual position emanating from the case records, I hereby quote Le Passage to India Tours & Travels (P.) Ltd. Vs. Addl. CIT (2015) 58 taxmann.com 144 (Delhi) to conclude that the impugned reopening itself not sustainable in law in very terms. I thus accept the assessee’s instant first and foremost legal ground to quash the impugned reopening therefore.
All other pleadings on merits stand rendered academic.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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