ASLAM KHAN,BHIWADI (ALWAR) vs. ITO BHIWADI, BHIWADI

ITA 611/JPR/2025Status: DisposedITAT Cochin29 September 2026AY 2014-155 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the assessee did not appear before it, and consequently, no arguments were presented on behalf of the assessee. The Revenue was represented, and the appeal was filed against the order of the Commissioner of Income Tax (Appeal), NFAC, Delhi. The Tribunal observed that the assessee had filed an appeal before the CIT(A) against the reassessment order passed under Section 143(3) r.w.s. 147 of the Act for AY 2014-15. However, the judgment excerpt provided does not contain the findings or decision of the Tribunal on the merits of the case or the specific issues raised. The operative directions or the final outcome of the appeal are not recorded in the provided text.

What were the facts?

The assessee, Aslam Khan, an individual engaged in the trading of building material, filed a return of income for Assessment Year 2014-15 on October 21, 2014, declaring a total income of Rs. 3,72,460. The Revenue received information indicating the assessee purchased an immovable property on July 5, 2013, for Rs. 1.5 crores, with stamp duty expenses of Rs. 11,73,850. The assessee's share in this transaction was Rs. 80,86,925. The appeal challenges an order dated February 21, 2025, passed by the Commissioner of Income Tax (Appeal), National Faceless Appeal Centre (NFAC), Delhi, which arose from a reassessment order passed under Section 143(3) read with Section 147 of the Income Tax Act, 1961.

What were the issues?

1. Whether the reassessment proceedings initiated under Section 147 of the Income Tax Act, 1961, are valid, considering the information available to the Assessing Officer at the time of issuing the notice under Section 148. Assessee's Contention: The assessee did not appear before the Tribunal, and therefore, no specific arguments were recorded on behalf of the assessee. Revenue's Contention: The Revenue contended that the reassessment proceedings were validly initiated as information regarding the purchase of an immovable property for a substantial sum, which was not reflected in the original return of income, came to the department's notice. This information indicated a potential escapement of income, justifying the reopening of the assessment. The Revenue likely argued that the conditions for reopening under Section 147 were met.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘SMC’ BENCH, JAIPUR

Before: Smt. Annapurna Gupta & Shri T. R. Senthil Kumar

For Respondent: Shri Abhimanyu Singh

PER : T. R. SENTHIL KUMAR, JUDICIAL MEMBER:- This appeal is filed by the assessee as against the appellate order dated 21.02.2025 passed by Commissioner of Income Tax (Appeal), National Faceless Appeal Centre (NFAC), Delhi, arising out of reassessment order passed u/s. 143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Asst. Year 2014-15. I.T.A No. 611/JPR/2025 Page No 2 Aslam Khan

2.

Brief facts of the case are that the assessee is an individual engaged in trading business of building material. Assessee has filed the return of income for the AY 2014-15 on 21.10.2014 declaring total income of Rs. 3,72,460/-. Information received from the

The order continues below.

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