AKHIL BHARTIYA GUJJAR VIDYA PRACHARNI SABHA,UTTAR PRADESH vs. ITO(E), UTTAR PRADESH
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The tribunal held that the reopening of the assessment was not sustainable in law because the Assessing Officer did not make any addition related to the cash deposit, which was the sole reason for initiating the reassessment proceedings. Therefore, the reopening was quashed.
What were the facts?
The assessee had a cash deposit of Rs. 21,67,148/- but did not file a return. The Assessing Officer reopened the assessment based on this deposit, but ultimately disallowed only Rs. 10,00,000/- in expenditure without making any addition related to the cash deposit itself.
What were the issues?
Whether the reopening of assessment under Section 147 is valid when no addition is made on the ground that formed the basis of reopening (i.e., cash deposits).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI
This assessee’s appeal for assessment year 2012-13, 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/APL/S/250/2025-26/1083502798(1), dated
10.12.2025 involving proceedings under section 147 of the
Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
ITA No.5526/Del/2026
Heard both the parties. Case file perused.
2 For the reasons stated in the assessee’s condonation
averments, delay of 79 days in filing of the instant appeal is
condoned in light of Collector, Land & Acquisition vs. Mst. Katiji
& Others (1987) 167 ITR 471 (SC).
It next emerges during the course of hearing with the able
assistance coming from both the party’s side that the learned
Assessing Officer had set into motion the impugned reopening
against the assessee for the sole reason that despite having total
cash deposit of Rs.21,67,148/- in the relevant previous year, he
had not filed its return whereas his impugned assessment framed
on 14.10.2019 ended up in disallowing the expenditure in issue of
Rs.10,00,000/- only. That being the case, the Revenue could
hardly dispute that the learned Assessing Officer had nowhere
made any addition qua the assessee’s cash deposit (supra)
forming the sole reason of the reopening. I thus quote ATS
Infrastructure Ltd. Vs. ACIT (2024) 166 taxman.com 61 (Delhi),
Ranbaxy Laboratory CIT (2011) 335 ITR 136 (Del) and CIT Vs. Jet
Airways (I) Ltd. (2011) 331 ITR 236 (Bom.) to conclude that the
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ITA No.5526/Del/2026
impugned reopening itself is not sustainable in law in very terms.
Quashed accordingly.
This assessee’s appeal is allowed.
Order pronounced in the open court on 8th July, 2026.
Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 23rd July, 2026. SR BHATNAGAR Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi
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More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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