Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, “SMC” BENCH KOLKATA
Before: Shri Sanjay Garg & Dr. Manish Borad
order : December 14, 2023 आदेश / ORDER संजय गग�, �या�यक सद�य �वारा / Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 06.06.2023 of the National Faceless Appeal Centre (hereinafter referred to as the ‘CIT(A)’) passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’).
The assessee in this appeal, apart from challenging the validity of the reopening of the assessment u/s 147 of the Act, has also taken the legal ground relating to the jurisdiction of the Assessing Officer i.e. ITO, Ward-4(6(3), Kolkata. Apart from that the assessee has contested the addition made by the Assessing Officer of Rs.47,34,280/- treating the said amount as undisclosed income of the assessee.
Assessment year: 2001-02 Ravindra Kumar Agarwal HUF 3. Though the ld. counsel for the assessee has stressed that earlier the notice u/s 148 of the Act was issued by ITO, Ward-4(3), Agra on 20.03.2008, however, the assessee objected to the said jurisdiction of the ITO, Ward-4(3), Agra. Thereafter, the case was transferred to ITO, Ward- 46(3), Kolkata, however, the said officer did not issue notice to the assessee u/s 148 of the Act.
We find that instead of going through this legal issue, the assessee has fair case on merits also. A perusal of the assessment order reveals that the Assessing Officer has made the following one para observation for making the impugned additions: