MOHAMMAD TANWEER ALAM,PURNEA vs. ACIT CENTRAL CIRCLE 2,PATNA, PATNA

ITA 313/PAT/2026Status: DisposedITAT Patna10 August 2026AY 2022-202314 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the AO's failure to invoke the correct sections (69B, 69A) and apply Section 115BBE made the assessment order erroneous and prejudicial to the revenue. The PCIT's order to revise the assessment was upheld.

What were the facts?

During a search, undisclosed investments of Rs. 30 lakh and undisclosed cash of Rs. 47 lakh were found. The Assessing Officer (AO) made additions but failed to specify the relevant sections of the Income Tax Act and did not apply the special tax rate under Section 115BBE.

What were the issues?

Whether the AO's failure to specify the correct charging sections and apply Section 115BBE renders the assessment order erroneous and prejudicial to the interest of revenue, justifying revision under Section 263.

Which sections of the Income-tax Act were involved?

Section 69B,Section 69A,Section 115BBE,Section 263,Section 271AAC

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PATNA ‘DB’ BENCH AT KOLKATA

Before: SHRI PRADIP KUMAR CHOUBEY & SHRI RAKESH MISHRA

PER RAKESH MISHRA, ACCOUNTANT MEMBER:

This appeal filed by the assessee is against the order of the Pr. Commissioner of Income Tax (Central), Patna [hereinafter referred to Ld. 'PCIT'] passed u/s 263 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') for AY 2022-23 dated 30.03.2026. 2. The assessee is in appeal before the Tribunal raising the following grounds of appeal:

"

1.

For that the Ld. PCIT(A) erred on facts and in law in concluding that A.O. had failed to make requisite inquiry regarding the amount of referral fees of Rs.77 lakhs disclosed by the appellant in the Statement on Oath recorded at the time of search as Professional Income which was inquired up

The order continues below.

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