NAVNIRMAN INFRACON PRIVATE LIMITED,KOLKATA vs. ITO, WARD 10(2), , KOLKATA

ITA 689/KOL/2025Status: DisposedITAT Kolkata28 October 2025AY 2011-1212 pages
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What did the Tribunal hold?

The Tribunal held that the reassessment proceedings were invalid because the notice under section 148 did not mention the mandatory sanction obtained under section 151, indicating a lack of application of mind. The reasons recorded were also found to be vague and based on suspicion rather than a belief of escaped income.

What were the facts?

The assessee company received unsecured loans of Rs. 2,18,00,000/- from a sister concern. The Assessing Officer (AO) reopened the assessment, treating these loans as undisclosed income. The assessee objected to the reopening, citing defects in the notice and reasons recorded.

What were the issues?

Whether the reassessment proceedings were validly initiated without proper sanction and with vague reasons. Whether the unsecured loans could be treated as undisclosed income without proper inquiry.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 151,Section 250

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Cases cited in this judgment(4)Show list

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Income Tax Appellate Tribunal, KOLKATA C BENCH, KOLKATA

Before: S/SHRIAND RAJESH KUMAR & SONJOY SARMA

For Appellant: Shri Manish Tiwari, FCA
For Respondent: Shri Sandeep Kumar Mehta, Addl. Sr. DR
Hearing: 04/09/2025Pronounced: 28/10/2025

This is an appeal filed by the assessee against the order of Id. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), New Delhi dated 26.02.2024in Appeal No. CIT(A), Kolkata-4/10586/2017-18passed for Assessment Year 2011-12. 2. The assessee has raised the following grounds of appeal:

“1. That the impugned appellate order dated 26th February, 2024 passed by Learned National Faceless Appeal Centre, Delhi under section 250 of the Act 1961 in the case of Appellant Assessee company for the assessment year 2011-12 in without juri iction, illegal, invalid, bad in law and liable to be set aside.

2.

That on the facts and circ

The order continues below.

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