VISHNNU KUMAR SHARMA,CHURU RAJASTHAN vs. DCIT (INTERNATIONAL TAXATION) , JAIPUR

ITA 489/JPR/2026Status: DisposedITAT Jaipur31 August 2026AY 2019-2010 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the AO's order under section 148A(d) was passed without considering the assessee's reply and relied on incorrect information, rendering it without jurisdiction. The Tribunal also found the CIT(A)'s subsequent recharacterization of the income as contradictory and made without proper notice.

What were the facts?

The Assessing Officer (AO) initiated reassessment proceedings based on information of cash deposits in the assessee's bank account. The assessee contended that the deposit amount was only Rs 2,00,000 and provided bank statements. The AO, despite accepting the lower amount, treated it as unexplained income.

What were the issues?

Whether the reassessment proceedings were validly initiated considering the AO's failure to consider the assessee's reply and reliance on incorrect information. Whether the CIT(A) erred in recharacterizing the income without proper notice after accepting the explanation.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 148A,Section 69A,Section 115BBE,Section 246,Section 246A,Section 151,Section 251(2),Section 271AAC(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘SMC’ BENCH, JAIPUR

Before: Shri T.R. Senthil Kumar & Shri Prakash

PER : PRAKASH, ACCOUNTANT MEMBER:-

1.

This appeal by the Assessee is directed against the order of the learned Commissioner of Income Tax (Appeals) [hereinafter referred to as “the CIT(A)”] dated 24.12.2025 arising out of the assessment order dated 23.04.2025 passed by the Assessing Officer (hereinafter referred to as "the AO") under section 147 read with section 144C(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for the assessment year 2019-20. I.T.A No. 489/JPR/2026 Page No 2 Vishnu Kumar Sharma

2.

The grounds of appeal raised by the Assessee before us in the memorandum of appeal in Form No.

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Latest GST High Court judgments

Search GST case law →