GAJPAL BUILDINFRA PRIVATE LIMITED,THANE vs. ITO, WARD-2(1), THANE, THANE

PER PRABHASH SHANKAR [A.M.] :- The instant appeal emanating from the appellate order dated 13.02.2026 is preferred by the Assessee against the order passed by the Learned Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre, Delhi [hereinafter referred to as “CIT(A)”] pertaining to assessment order passed u/s. 147 of the Income-tax Act, 1961 [hereinafter referred to as “Act”] dated 29.03.2025 for the Assessment Year [A.Y.] 2016-17. P a g e | 2 A.Y. 2016-17 Gajpal BuildInfra Private Limited 2. The grounds of appeal are as under:- 1) That the order passed by Ld. AO u/s 148A(d) of the Act, assessment order passed by Ld. AO u/s 47 of the Act as well as the appellate order passed by Ld. CIT(A) are bad in law and are passed in contravention of prevailing law as well as facts of the case, therefore liable to be annulled. 2) That looking into the facts of the case Revenue shall be directed to reimburse cost of litigation including appeal fee and fee paid to AR. 3) That the appellate order passed by Ld. CIT(A) is mechanical, arbitrary and devoid of merits because of being passed taking incorrect cognizance of facts of the case or by using some Artificial Intelligence module. 4) That the reassessment proceedings initiated in case of assessee company is illegal and not tenable under the law because of being passed in name of a struck off company. 5) That the Ld. JAO as well as Ld. FAO grossly erred in law and in facts of the case in issuing notice u/s 148 of the Act and completing assessment proceedings u/s 147 of the Act, that too without possessing and without providing (for rebuttal) the reports forming basis of information as defined under Explanation 1 to Section 148 of the Act. 6) That the notice issued u/s 148A(b) of the Act as well as the order passed by Ld. AO u/s 148A(d) of the Act are illegal and not tenable under the law because of being passed relying on incorrect information alleging total credits of Rs. 97,01,731/- in Kotak bank account no. 561011013580 of assessee company whereas said bank contained total credits of Rs. 1,48,01,731/- for the year under consideration. 7) That Ld. AO grossly erred in law and in facts of the case while passing order u/s 148A(d) of the Act in holding that income alleged to have escaped assessment being credits of Rs. 97,01,731/- in bank statement is represented by assets and pre-condition specified u/s 149 of the Act is fulfilled. 8) That reassessment proceedings are further not tenable under the law because of granting of mandatory approval u/s 151 of the Act in a mechanical manner. 9) That the reassessment proceedings completed in the case of assessee company are further illegal and not tenable under the law because of not providing approval, if any, obtained u/s 151 of the Act.

P a g e | 3 A.Y. 2016-17 Gajpal BuildInfra Private Limited 10) That the reassessment proceedings undertaken in case of assessee company is further bad-in-law because of being initiated in violation of provisions of Sec. 151A of the Act. 11) That the Ld. AO grossly erred in law and in facts of the case in assessing credits of Rs. 1,48,01,731/- appearing in bank account of assessee as income of assessee.