RAGHAV SOFTECH PVT LTD,NEW DELHI vs. ITO WARD - 20(4), NEW DELHI

ITA 7127/DEL/2019Status: DisposedITAT Delhi18 January 2022AY 2011-1249 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee was not provided with adequate opportunity by the Assessing Officer and that the reopening of the assessment was questionable. Therefore, the assessment order was set aside.

What were the facts?

The assessee filed a return declaring income of Rs. 850/-. The assessment was reopened based on information about an investment in shares, leading to an addition of Rs. 10,00,000/-. The assessee's representative agreed to the addition to buy peace.

What were the issues?

Whether the reopening of assessment under Section 147/148 was valid and whether the assessee was afforded a proper opportunity of being heard.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 69,Section 131,Section 151

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Income Tax Appellate Tribunal, DELHI “SMC” BENCH: NEW DELHI

Before: SHRI KUL BHARAT

For Respondent: Shri Om Prakash, Sr. DR
Hearing: 03.01.2022Pronounced: 18.01.2022

PER KUL BHARAT, JM :

This appeal by the assessee is directed against the order of the Ld. CIT(A)—7, New Delhi dated 17th June, 2019, pertaining to the Assessment Year 2011-12. The assessee has raised following

grounds of appeal:-

“1. On the facts and in the circumstances of the case Ld. CIT (A)has erred both on facts and in law in upholding the impugned order passed by the respondent illegally, violating the principles of natural justice, without fair and objective application of mind to the facts of the case and the law applicable and without being guided by the binding decisions

2 of courts and tribunals and hence liable to be set aside and quashed and declared non est. in law.

2.

1 On the facts and circumstances of the case, the learned Ld. CIT

The order continues below.

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