AMRIT SUPERSPECIALITY HEALTHCARE PVT LTD,NOIDA vs. ITO WARD 5(1)(1), GAUTAM BUDHA NAGAR
What did the Tribunal hold?
The Tribunal decided to remit the issue back to the file of the Ld. CIT(A) for an inquiry into whether the receipts reflected in Form 26AS were incorporated in the profit and loss account. The Ld. CIT(A) was granted liberty to call for a Remand Report from the Ld. AO and pass orders accordingly. The reasoning was based on the assessee's submission that the reassessment was based solely on Form 26AS without independent inquiry. The Tribunal found it necessary to ascertain the treatment of these receipts in the assessee's financial records. The operative direction is to remand the issue for further inquiry. No issue was expressly left undecided.
What were the facts?
The assessee, Amrit Superspeciality Healthcare Pvt. Ltd., filed an appeal against the order dated 30.12.2025 passed by the CIT(A)/NFAC, Delhi, under Section 250 of the Income Tax Act, 1961. This order arose from an assessment order dated 08.02.2024 passed by the Assessment Unit under Section 147 read with Section 144B of the Act for Assessment Year 2019-20. Reassessment proceedings under Section 147 were initiated based on information in Form 26AS reflecting TDS under Sections 194C and 194J. A notice under Section 148 was served, and the assessee filed a return declaring NIL income and a loss of Rs. 21,47,134/-. The Assessing Officer determined the total income at Rs. 61,18,280/- solely based on Form 26AS figures, without independent inquiry into the nature of receipts or expenditure, and without finding defects in the books or unaccounted receipts.
What were the issues?
1. Whether the reassessment proceedings initiated under Section 147 of the Act, based solely on Form 26AS, are valid when no independent inquiry was conducted by the Assessing Officer regarding the nature of receipts or corresponding expenditure, and no defect was found in the assessee's books or unaccounted income. Assessee's Contention: The assessee argued that the reassessment was completed solely on the basis of figures appearing in Form 26AS, without any independent inquiry to ascertain the nature of receipts or corresponding expenditure. The assessment order did not record any defect in the books of accounts nor any finding that the receipts were unaccounted. Revenue's Contention: The judgment does not record any specific contentions made by the revenue.
Which sections of the Income-tax Act were involved?
Section 147,Section 144B,Section 250,Section 148,Section 194C,Section 194J,Section 144
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “B”: NEW DELHI
Before: MS MADHUMITA ROY & SHRI KRINWANT SAHAY
PER MADHUMITA ROY, JM:
The instant appeal filed by the assessee is directed against the
order dated 30.12.2025 passed by the Ld. Commissioner of Income-
tax (Appeals)/National Faceless Appeal Centre, Delhi under Section
250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’)
arising out of the Assessment Order dated 08.02.2024 passed by the
2 ITA No. 2002/Del/2026 Amrit Superspeciality Assessment Unit, Income-tax Department under Section 147 r.w.
Section 144B of the Act for Assessment Year 2019-20.
The matter relates to reassessment proceeding under Section
147 of the Act which was initiated on the basis of the information
available in Form 26AS reflecting certain receipts subject to TDS
under Sections 194C and 194J of the Act. Notice, therefore, under
Section 148 of the Act dated 31.01.2023 was served upon the
Assessee whereupon the appellant duly filed its return of income on
24.09.2023 declaring total income at Rs. NIL and claiming current
year loss of Rs. 21,47,134/-. It is the case of the Assessee that the
reassessment proceeding was conducted under the cases regime and
completed under Section 147 read with Section 144 and 144B of the
Act on 08.02.2024 under Ld. Assessing Officer determining total
income at Rs. 61,18,280/-solely on the basis of figures appearing in
Form No. 26AS. No independent enquiry was conducted to ascertain
the nature of receipts or corresponding expenditure. Neither the
assessment order records any defect in the books nor any finding
that the receipts were unaccounted.
Under these facts and circumstances of the matter, we, thus
disposing of this appeal by remitting the issue to the file of the Ld.
CIT(A) to make an enquiry as to whether the receipts are Page | 2
3 ITA No. 2002/Del/2026 Amrit Superspeciality incorporated in the profit and loss account. In this regard, he has
also at liberty to call for a Remand Report from the Ld. AO and to
pass orders accordingly.
In the result, appeal of the Assessee is allowed for statistical purposes.
Order pronounced in the open court on 23/09/2026.
Sd/- Sd/-
(KRINWANT SAHAY) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 23/09/2026 R. Naheed, Sr PS Copy forwarded to
Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi
4 ITA No. 2002/Del/2026 Amrit Superspeciality
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