RAJ BALA,HARYANA vs. ITO WARD-1 , NARNAUL, NARNAUL
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2015-16, arises against the CIT(A)/NFAC, Delhi’s DIN & order No.
ITBA/NFAC/S/250/2024-25/1072284407(1) dated 17.01.2025, in proceedings u/s 147 r.w.s. 144 of the Income Tax Act, 1961
(in short “the Act”).
Heard both the parties at length. Case file perused.
A perusal of the instant case file reveals that the learned lower authorities had set into motion section 148/147 mechanism against the assessee by way of notice dated 29.03.2022, for the purpose of assessing her alleged cash deposits of Rs.4,62,50,000/-, made in Mahendergarh Central Co-operative Bank whereas the re-assessment in question framed on 10.03.2023 accepted her explanation disowning the Raj Bala
2
said cash deposits on the one hand and added only a sum of Rs.18,50,000/- on the other hand, which stands upheld in the lower appellate discussion.
This being the clinching factual position, the department could hardly dispute that not only the learned assessing authority had erred in law and on facts in assuming it’s re- opening juri iction on apparently incorrect facts but also the same was initiated beyond the statutory period of three years from the end of the relevant assessment year 2015-16 herein since involving the alleged income escaping assessment of Rs.18,50,000/- is less than Rs.50 lacs going by section 149(1)(b) of the Act. That being the case, the tribunal finds merit in the assessee’s legal arguments that the impugned reopening is not sustainable in law in very terms. Ordered accordingly.
This assessee’s appeal is allowed. Order Pronounced in the Open Court on 25/06/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 25/06/2025
*Subodh Kumar, Sr. PS*