R N BROTHERS,MUZAFFARNAGAR vs. DEPUTY COMMISSIONER OF INCOME TAX, CC-15,, DELHI
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 failure of the Assessing Officer to specify the exact amount of escaped income vitiates the reopening proceedings. Therefore, the reopening itself was found to be invalid.
What were the facts?
The assessee challenged the validity of the reopening of assessment proceedings initiated under section 147 of the Income Tax Act. The Assessing Officer's reasons for reopening did not specify the exact amount of taxable income that had escaped assessment.
What were the issues?
The primary issue was the validity of the reopening of assessment due to the absence of a specific quantification of escaped income in the reasons recorded by the Assessing Officer.
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
Before: SH. SATBEER SINGH GODARA
This assessee’s appeal for Assessment Year: 2021-22, arises against the Commissioner of Income Tax, Appeal CIT(A), Delhi-26 [in short, the “CIT(A)”], Delhi’s-26 DIN and Order No. ITBA/APL/S/250/2025-26/1085674487(1), dated 06.02.2026 involving proceedings under section 147 r.w.s. 143(3) of the Income Tax Act, 1961 (hereinafter referred to as the ‘the Act’).
Heard both the parties. Case file perused.
2 I.T.A. No. 3803/Del/2026 2. Coming to the assessee’s first and foremost legal ground challenging validity of the impugned reopening itself, learned counsel has placed on record. The Assessing Officer’s reopening reasons recorded in its case followed by the necessary section 151 approval nowhere indicating or pointing out file as to what was the exact amount of its taxable income which had escaped assessment thereby triggering section 148/147 proceedings in motion.
That being the case, I hereby quote [2012] 50 SOT 13 (Act) India Terminal Connector Systems Ltd. v. Dy. CIT, Circle 11(1), New Delhi that such a failure on the assessee’s Assessing Officer’s part vitiates the impugned reopening itself. I accordingly find merit in the assessee’s legal argument which stands accepted in very terms. All other remaining plea between the parties on merits stand rendered academic.
This assessee’s appeal is allowed.
Order pronounced in the open court as on 02.06.2026
Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated 15th July, 2026 *GP/Sr.PS* Copy of the order forwarded to: (1) Appellant: (2) Respondent: (3) CIT (4) CIT (Appeals) (5) DR, I.T.A.T. Assistant Registrar
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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