M/S FASHION HOUSE, RAIPUR,RAIPUR vs. ITO-4(1), RAIPUR, RAIPUR

ITA 743/RPR/2025Status: DisposedITAT Raipur17 September 2026AY 2012-1319 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the notice issued under Section 148 was void ab initio as the AO failed to specify the material facts not disclosed by the assessee, as required by the first proviso to Section 147. Consequently, all subsequent proceedings were deemed non-est.

What were the facts?

During a survey, a stock shortage was found. Initially, the profit on alleged unaccounted sales was taxed. Later, the Assessing Officer (AO) reopened the case, treating the remaining stock shortage as unexplained investment in purchases under Section 68.

What were the issues?

The primary issue was the validity of the reassessment proceedings initiated beyond four years, specifically whether the AO had complied with the requirement of specifying the failure of the assessee to disclose material facts under the first proviso to Section 147.

Which sections of the Income-tax Act were involved?

Section 68,Section 147,Section 148,Section 133A,Section 151,Section 143(3),Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

Before: SHRI PARTHA SARATHI CHAUDHURY, JM & SHRI AVDHESH KUMAR MISHRA, AM

For Appellant: Shri R. B. Doshi, CA
Hearing: 11/03/2026

Per Avdhesh Kumar Mishra, AM: This appeal for Assessment Year (‘AY’) 2012-13 filed by the assessee is directed against the order dated 22.10.2025 of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (‘NFAC’), Delhi [‘CIT(A)’] passed under section 250 of the Income Tax Act, 1961 (‘Act’).

2.

The grounds of appeal raised by the assessee are as under:

“1. In

The order continues below.

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