CAPRISO FINANCE LTD.,NEW DELHI vs. ACIT CENTRAL CIRCLE 25, NEW DELHI
What did the Tribunal hold?
The Tribunal found that the CIT(A) had not addressed the jurisdictional issue of the validity of reassessment proceedings, specifically regarding the notice under Section 143(2). Therefore, the Tribunal remanded the case back to the CIT(A) to decide this legal issue first.
What were the facts?
The assessee appealed the CIT(A)'s order which set aside the assessment for fresh assessment by the AO. The assessee argued that the reassessment proceedings were invalid due to a lack of notice under Section 143(2).
What were the issues?
The primary issue was the validity of reassessment proceedings, particularly whether a notice under Section 143(2) was issued. The Tribunal also considered the CIT(A)'s power to remand and the principles of natural justice.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘H’, NEW DELHI
Before: SH. SATBEER SINGH GODARA & SH. KRINWANT SAHAY
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘H’, NEW DELHI
BEFORE SH. SATBEER SINGH GODARA, JUDICIAL MEMBER & SH. KRINWANT SAHAY, ACCOUNTANT MEMBER
ITA No.858/Del/2026 Assessment Year: 2020-21 Capriso Finance Ltd. Vs. ACIT 1,17, Rani Jhansi Road, Central Circle -25 New Delhi-110055 Delhi PAN No.AAACC2832R (APPELLANT) (RESPONDENT)
Appellant by Sh. Sanjay Kumar, FCA Sh. Akarsh Garg, Advocate Sh. Uditie Aggarwal, Advocate Respondent by Sh. Bhopal Singh, CIT DR
Date of hearing: 08/07/2026 Date of Pronouncement: 24/09/2026
ORDER PER KRINWANT SAHAY AM Appeal in this case has been filed by the assessee against the order dated 19.11.2025 passed by the Ld. CIT(A)/NFAC, Delhi for the 2020-21. Grounds of appeal are as under :-
“1. BECAUSE on facts and in law CIT(A) erred in setting aside assessment order for fresh assessment to the Assessing Officer without deciding jurisdictional issue of validity of reassessment proceedings including the making variation to the returned income without issuing notice under section143(2) of the Act. 2. BECAUSE on facts and in law the CIT(A) after holding that appellant made detailed submission before him erroneously held that such submission could not be made before the AO and restore the matter back to the AO for adjudication. 3. BECAUSE on facts and in law the order dt. 19.11.2025 passed by the CIT(A) and order dt. 23.03.2025 passed by the Assessing Officer are bad in law and void-ab-initio. 4. BECAUSE under the facts and circumstances of the case assessment order has been passed without providing relied upon material i.e., documents and statements referred to and relied upon to allege escapement of income and prior approval obtained from the Pr. CIT before issue of notice under section 148 of the Act. 5. BECAUSE on facts and in law the CIT(A) has erred in mechanically invoking proviso to section 251(1)(a) of the Act. 6. BECAUSE the order appealed against is contrary to the facts, law and principles of natural justice.”
At the very outset the Ld. Counsel of the assessee argued that legal ground taken as ground No.1 should be considered first it is regarding the validity of reassessment proceedings including the making variation to the returned income without issuing notice u/s. 143(2) of the Act. 3. Per contra the Ld. DR relied on the order of the Ld. CIT(A) and submitted that the action of the Ld. CIT(A) to remand this case back to the AO for reassessment while justified.
We have considered both the parties and we have considered the legal ground raised by the Ld. Counsel of the assessee. We find that this issue has not been dealt with the Ld. CIT(A), therefore in the fitness of things we direct the Ld. CIT(A) to verify the issuance of notice u/s.143(2) of the Act by the AO and decide this legal issue first. Accordingly, the case is remanded back to the file of the Ld. CIT(A) for fresh adjudication. 5. In the result, the appeal filed by the assessee is allowed for statistical purpose.
Order pronounced in the court on 08.07.2026.
Sd/- Sd/-
[SATBEER SINGH GODARA] [KRINWANT SAHAY] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 24.09.2026 Neha, Sr. PS Copy forwarded to: 1. Appellant 2. Respondent 3. PCIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi
More judgments on Section 148
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- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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