MARVELOUS CEMENT PRIVATE LIMITED ,NEW DELHI vs. NATIONAL E-ASSESSMENT CENTRE, NEW DELHI

ITA 4100/DEL/2024Status: DisposedITAT Delhi30 June 2025AY 2018-1915 pages
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What did the Tribunal hold?

The Tribunal held that the reassessment for AY 2012-13 was made on issues not forming the basis of reopening, thus lacking jurisdiction. For AY 2018-19, the Tribunal found that the disallowed expenses were petty operational costs and not related to any exempt income, and allowed carry forward of losses.

What were the facts?

For AY 2012-13, the AO reopened assessment based on information about a Rs. 1.84 crore transaction with M/s Concise Exim Pvt. Ltd., alleging accommodation entries. The addition was made at 2% of total bank credits, treating it as commission. For AY 2018-19, the AO disallowed petty business expenses, deeming them related to exempt income, which the assessee denied earning.

What were the issues?

Whether reassessment proceedings were validly initiated and if additions were made beyond the scope of reopening. Whether petty business expenses can be disallowed when no exempt income was earned.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 143(3),Section 250

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Income Tax Appellate Tribunal, DELHI E BENCH: NEW DELHI

Before: MS.MADHUMITA ROY & SHRI MANISH AGARWAL

For Appellant: Shri Ashwani Kumar, CA &, Shri Ankur Agarwal, CA
For Respondent: Shri Virender Kumar Singh, Sr.DR
Hearing: 05.05.2025Pronounced: 30.06.2025

Heard together (2 matters)

ITA No.4099/Del/2024
ITA No.4100/Del/2024

Read from the judgment's own cause title. This page is filed under one of them.

PER MANISH AGARWAL, AM :

Both the captioned appeals are filed by the assessee against two separate orders, both dated 22.07.2024 passed by Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre ("NFAC\”), Delhi [“Ld.CIT(A)”] in Appeal No. CIT(A), Delhi- 6/10624/2019-20 and Appeal No. NFAC/2017-18/10022053 respectively, passed u/s 250 of the Income Tax Act,

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