INCOME TAX OFFICER, DELHI vs. GSP POWER SYSTEMS PVT. LTD., DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the Assessing Officer had traveled beyond the scope of the limited scrutiny. The assessment was therefore not sustainable in law.
What were the facts?
The Revenue appealed against the deletion of an addition made under section 68/69A. The assessee had filed a cross-objection challenging the validity of the assessment itself, which was initiated for specific reasons but concluded on unrelated grounds.
What were the issues?
Whether the Assessing Officer exceeded his jurisdiction by making additions on grounds beyond the limited scrutiny initiated.
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
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- PCIT v. Weilburger Coatings (India) (P.) Ltd.31 citing155 Taxmann.com 580 · 2023 · HC
Income Tax Appellate Tribunal, DELHI BENCH: ‘B’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA & SHRI MANISH AGARWAL
Assessment Year: 2018-19 GSP Power Systems Pvt. Vs. Income Tax Officer, Ltd., Ward-10(1), 22, 3rd Floor, Main Market, New Delhi Moti Nagar, New Delhi PAN: AACCG0581H (Appellant) (Respondent) Assessee by Dr. Rakesh Gupta, Adv. Sh. Somil Agarwal, Adv. Department by Ms. Suman Malik, CIT(DR) Date of hearing 03.06.2025 Date of pronouncement 03.06.2025 ORDER
PER SATBEER SINGH GODARA, JM
This Revenue’s appeal C.O. No. 40/Del/2024 for assessment year 2018- 19, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2023-24/1060727888(1), dated 09.02.2024, involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case files perused.
We notice at the outset that the assessee’s cross objection herein C.O. No. 40/Del/2024 goes to the root of the matter since challenging validity of the impugned assessment itself framed by the learned assessing authority on 31st May, 2021. This is for the precise reason that the assessee’s case was taken up for scrutiny on the twin issues of non-furnishing of quantitative details and “investments/advances/loans” whereas it ended up in adding an amount of Rs.12,59,97,711/- as unexplained cash credits under section 68/69A of the Act, which stands deleted in the lower appellate discussion. This is what leaves the Revenue and the assessee aggrieved who have filed their instant appeal and cross objection; respectively.
More judgments on Section 68
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
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