BLACK PEARL REALITIES,CHANDRAPUR vs. DCIT/ ACIT CENCIR 2(2) NAGPUR, NAGPUR

ITA 449/NAG/2026Status: DisposedITAT Nagpur31 August 2026AY 2019-204 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the material relied upon was the outcome of search proceedings initiated before April 1, 2021, the AO should have invoked Section 153C instead of Section 147. Consequently, the assumption of jurisdiction under Section 147 was invalid.

What were the facts?

The Assessing Officer (AO) reopened the assessee's cases under Section 147 based on information received during search proceedings in another person's case. The AO alleged escapement of income due to a discrepancy between the sale deed consideration and the agreement to sell for an immovable property.

What were the issues?

Whether the AO correctly assumed jurisdiction under Section 147 when the assessment was based on search material obtained prior to April 1, 2021, or if Section 153C was the appropriate provision.

Which sections of the Income-tax Act were involved?

Section 147,Section 153C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “DB” BENCH, NAGPUR

Before: SHRI ANUBHAV SHARMA & SHRI KHETTRA MOHAN ROY

For Appellant: CA Sh. Swetanshu Dev, Adv
Hearing: 17.06.2026Pronounced: 31.08.2026

PER ANUBHAV SHARMA, JM:

These appeals preferred by the Assessee against the order of the Ld. Commissioner of Income Tax (Appeal)-3, Nagpur (hereinafter referred to as the First Appellate Authority or ‘the FAA’ for short) in appeals filed

P a g e | 2 ITA Nos. 449 & 506/Nag/2026 Black Pearl Realities (AYs: 2018-19 & 2019-20) before him against the orders of the ld. Assessing Officer (hereinafter referred to as the Ld. AO, for short) passed u/s 147 of the Income-ta

The order continues below.

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