LONE RAIDER RESORTS AND TOURS PRIVATE LIMITED,PANAJI vs. NFAC, DELHI

PDF · subscribers
ITA 371/PAN/2025Status: DisposedITAT Panaji01 June 2026AY 2015-164 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) had restored the issues to the AO without adjudicating the assessee's legal grounds, including the validity of reassessment proceedings and the AO passing an order on a non-existing person. The Tribunal set aside the CIT(A)'s order.

What were the facts?

The Assessing Officer initiated reassessment proceedings against the assessee for AY 2015-16, believing income had escaped assessment due to the sale of immovable property. The AO invoked Section 50C, treating the stamp duty value as sale consideration and making additions.

What were the issues?

Whether the CIT(A) erred in restoring the issues to the AO without adjudicating the legal grounds of appeal, particularly concerning the validity of reassessment proceedings and the AO's order on a non-existing person.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 250,Section 148,Section 142(1),Section 50C,Section 251(1)(a)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PANAJI BENCH, PANAJI

Before: SHRI DR. MANISH BORAD, ACCOUNTANT & SHRI PAVAN KUMAR GADALE

INCOME TAX APPELLATE TRIBUNAL, PANAJI BENCH, PANAJI BENCH: DB (VIRTUAL) BEFORE SHRI DR. MANISH BORAD, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA 371/PAN/2025 निर्धारण वर्ा/Asst. Year:2015-16) Permanent Account Number: AABCL2739H LONE RAIDER RESORTS ITO WARD 1,AAYKAR AND TOURS PRIVATE BHAWAN,PLOT.NO.5, LIMITED EDC COMPLEX, C/O SHYAM J KAMAT, Vs. PATTO PLAZA, 17/A, 1 ST FLOOR, SHRIJI COMPLEX, PANAJI-403001, PANAJI-403001, GOA GOA (अपीलधर्थी Appellant) (प्रत्यर्थी Respondent)

निर्धारिती द्वधिध/Assessee represented by: Shri S J Kamat.AR (Virtual) िधजस् व द्वधिध/Revenue represented Shri Jeetendra Kumar - CIT, by: DR (Virtual)

सुिवधई की तधिीख/Date of conclusion of hearing: 21-05-2026 घोषणध की तधिीख/Date of pronouncement: 01-06-2026 ORDER PER PAVAN KUMAR GADALE, JUDICIAL MEMBER: The assessee has filed the appeal against the order of NFAC/CIT(A) passed u/sec 147 r.w.s. 144 and u/sec 250 of the Income Tax Act. The assessee has raised the grounds of appeal challenging the order of the CIT(A) sustaining the additions made by the Assessing Officer. 2. The brief facts of the case are that, as per the information available under NMS in ITBA module, the Assessing Officer found that assessee company has sold immovable property of value Rs. 3,13,18,750/- in the F.Y.2014-15 and has not filed the return of income for the Assessment Year 2015-16. The Assessing Officer (A.O) has reason to believe that the income has escaped assessment and issued notice u/sec 148 of the Act, but there was no compliance by the assessee and subsequently, the notices u/sec 142(1) of the Act are issued to the assessee on various dates calling for the details of the property sold during the year and in response to the notice assessee has filed details dealt in Para 6 of the assessment order. Whereas the AO has dealt on the various factual aspects with respect to the construction and agricultural activities and found that there is a variation in the sale of the property, therefore, the A.O has invoked provisions of Section 50C of the Act as the assessee has sold the property for consideration of Rs. 1,25,00,000/- whereas the stamp duty value is Rs.3,22,18,750/- and therefore the sale consideration of Rs. 3,22,18,750/- is treated as long term capital gains without granting deduction of cost of acquisition and assessed the total income of Rs. 3,22,18,750/- and passed the order u/sec 147 r.w.s. 144 of the Act dated 28.03.2022.

3.

Aggrieved by the order, the assessee has filed an appeal with the CIT(A). Whereas the CIT(A) has considered the grounds of appeal, statements of facts, submissions of the assessee and finding of the Ld.AO and CIT(A) has restored the issues to the file of the assessing officer and allowed the assessee appeal for statistical purpose. Aggrieved by the order of the CIT(A), the assessee has filed appeal before the Hon'ble Tribunal. 4. At the time of hearing, the Ld.AR submitted that the CIT(A) has erred in restoring the issues to the file of the assessing officer for fresh adjudication and has not adjudicated the legal grounds of appeal, were the assessing officer has passed the order on the non-existing person. Further the Ld.AR mentioned that the assesse has a good case on merits and shall substantiate with the material evidences and prayed for an opportunity to explain before the authorities. Per Contra, the Ld.DR supported the order of the CIT(A). 5. We heard the rival submissions and perused the material on record. Prima-facie the CIT(A) has passed the order considering the fact that the assessment was completed u/sec144 r.w.s 147 of the Act and relied on the provisions of section 251(1)(a) of the Act and set-aside the assessment order and restore the issues to the file of the assessing officer for fresh adjudication. Whereas the Ld.AR submitted that the CIT(A) has not adjudicated the legal ground of appeal were the assessing officer has passed the order on non-existing person in the reassessment proceedings. Further the assessee has raised grounds of appeal challenging the additions and legal, technical and jurisdictional issues. Therefore, considering the facts, circumstances, submissions and principles of natural justice, we shall provide with one more opportunity of hearing to the assessee to substantiate the legal ground of validity of reassessment proceedings and on merits. Accordingly, we set aside the order of the CIT(A) and remit the entire disputed issues to the file of the CIT(A) to adjudicate afresh and the assesse should be provided adequate opportunity of hearing and shall cooperate in submitting the information for early disposal of appeal. And we allow the grounds of appeal of the assessee for statistical purpose

6.

In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on the day of 01st June, 2026. Sd/- Sd/- MANISH BORAD PAVAN KUMAR GADALE (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) Pune दिन ांक / Dated : 01st June, 2026. Abhishek mohan

आिेश की प्रतितिति अग्रेतिि / Copy of the Order forwarded to : अिीि र्थी / The Appellant. 1. प्रत्यर्थी / The Respondent. 2. 3. The Pr. CIT concerned. 4. तिभ गीय प्रतितनति, आयकर अिीिीय अतिकरण, “DB” बेंच, पणजी / DR, ITAT, “DB” Bench, Panaji. ग र्ड फ़ इि / Guard File. 5. //TRUE COPY// आिेश नुस र / BY ORDER,

Assistant Registrar, आयकर अिीिीय अतिकरण, / ITAT, Panaji

More judgments on Section 147

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

Recent GST High Court judgments

Search GST case law →