LOKPRIYA NURSING HOME LTD,MEERUT vs. ACIT,CENTRAL CIRCLE, MEERUT
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2013-14, arises against the CIT(A)-3,
Noida’s
DIN
&
order
No.
ITBA/APL/M/250/2024-25/1064669631(1) dated 06.05.2024, in proceedings u/s 143(3) r.w.s. 147 of the Income Tax Act, 1961
(in short “the Act”).
Case called twice. None appears at the assessee’s behest. It is accordingly proceeded ex-parte.
It emerges during the course of hearing with the able assistance coming from the Revenue side that both the learned lower authorities had taken recourse to section 148/147 reopening mechanism after recording reasons to believe that the assessee’s unsecured loans of Rs.30,00,000/- representing unexplained cash credits, had escaped assessment. The Lokpriya Bursing Home Ltd. 2 Revenue could hardly dispute the clinching fact that the assessment herein is an “unabated” one wherein any addition could be made specifically qua the seized material only in light of PCIT vs. Abhisar Buildwell Pvt. Ltd. (2023) 454 ITR 212 (SC). A perusal of para 2 in assessment discussion dated 21.03.2022 suggests that no such details were available with the learned Assessing Officer so far as the impugned unsecured loans are concerned.
Faced with this situation, I find no merit in the Revenue’s vehement arguments seeking to add the impugned unsecured loans in the assessee’s hands since not represent the incriminating material as per their lordships above landmark decision. The same is directed to be deleted.
This assessee’s appeal is allowed. Order Pronounced in the Open Court on 02/06/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 02/06/2025
*Subodh Kumar, Sr. PS*