KOGOD BASAVARAJU JAYACHANDRA ,HASSAN vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BANGALORE

ITA 1617/BANG/2024Status: DisposedITAT Bangalore26 May 2025AY 2015-1645 pages
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What did the Tribunal hold?

The Tribunal held that if the reasons for reopening the assessment are found to be incorrect or unsustainable, and no additions are made on those grounds, then the entire reassessment proceedings become infructuous. Any other additions made in such proceedings cannot survive legal scrutiny.

What were the facts?

The assessee's bank account was allegedly used for depositing unexplained cash by a third party, D.S. Nandish, as revealed during a survey and search operation. The Assessing Officer (AO) reopened the assessment based on this information and made additions to the assessee's income.

What were the issues?

Whether reassessment proceedings initiated on unsustainable grounds are valid, and if additions made in such proceedings can be sustained.

Which sections of the Income-tax Act were involved?

Section 148,Section 147,Section 133A,Section 132(4)

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Cases cited in this judgment(11)Show list

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Income Tax Appellate Tribunal, A BENCH : BANGALORE

Before: SHRI. LAXMI PRASAD SAHU & SHRI. SOUNDARARAJAN K

For Appellant: Shri. Ramesh, CA
Hearing: 14.05.2025Pronounced: 26.05.2025

Per Laxmi Prasad Sahu, Accountant Member :

These two appeals are filed by the assessee against order passed by the CIT(A) 27.06.2024 with SEPARATE DIN ITBA/APL/M/250/2024-25/1066130511(1) & DIN ITBA/APL/M/250/2024-25/1066130390(1 RESPECTIVELY on the following grounds of appeals:

Grounds of appeal in ITA No.1617/Bang/2024

1.

The entire assessment proceedings are bad in law and null and void as the notice u/s.148 was not issued to the Appellant on 31.03.2021 and the said notice was issued in E –portal on 01.04.2021. Hence, the assessment done under old provisions of section 148 is to be squashed

The order continues below.

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