M/S VINAYAK FINANCIAL CONSULTANTS PRIVATE LIMITED,KOLKATA vs. D.C.I.T., CENTRAL CIRCLE-4(1), KOLKATA
What did the Tribunal hold?
The Tribunal held that the reassessment proceedings initiated under Section 147 of the Income Tax Act, 1961, were flawed. The AO had issued a notice under Section 148 on March 11, 2021, to which the assessee filed objections on February 2, 2022. However, the assessment order was passed on February 28, 2022, without disposing of these objections. The Tribunal noted that while the objections were filed before the completion of the assessment, they were filed at the very last minute. In the interest of justice, the Tribunal restored the issues to the file of the Assessing Officer for readjudication. The AO was directed to dispose of the objections filed by the assessee on February 2, 2022. The Tribunal also noted that if the AO, after disposing of the objections, requires further verification regarding the Rs. 10 lakhs received from M/s Shivashiv Dealtrade Pvt. Ltd., the assessee would be at liberty to produce authorities to substantiate the claim. Furthermore, the AO was directed to provide the assessee with an adequate opportunity to rebut any adverse evidence proposed to be used.
What were the facts?
The assessee, M/s Vinayak Financial Consultants Private Limited, filed an appeal against the order of the CIT(A), Kolkata-27, for Assessment Year 2017-2018. The appeal was filed 31 days late, but the delay was condoned. The Assessing Officer (AO) initiated reassessment proceedings under Section 147 based on information that the assessee received accommodation entries of Rs. 10 lakhs. The assessee filed objections to the reopening. The AO passed the assessment order without disposing of these objections. The assessee argued that this violated the jurisdictional High Court's decision in Champalal Omprakash. The assessee also contended that the AO did not provide details of the information source or allow cross-examination of persons whose statements were used. The assessee proposed restoring the issues to the AO for readjudication after disposing of the objections.
What were the issues?
1. Whether the reassessment proceedings initiated under Section 147 of the Income Tax Act, 1961, are valid when the Assessing Officer (AO) failed to dispose of the assessee's objections prior to passing the assessment order, in violation of the principles laid down by the Hon'ble Jurisdictional High Court in Champalal Omprakash? Assessee's contentions: The AO violated the decision in Champalal Omprakash by not disposing of the objections filed by the assessee before passing the assessment order. The AO also failed to provide details of the information source and denied the opportunity for cross-examination. The assessee suggested restoring the matter to the AO for readjudication after disposing of the objections. Revenue's contentions: The revenue's representative vehemently relied on the orders of the Assessing Officer and the CIT(A).
Which sections of the Income-tax Act were involved?
Section 147,Section 148,Section 143(1),Section 139(1),Section 131,Section 151
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(19)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- GKN Driveshafts (India) Ltd. v. ITO1,349 citing259 ITR 19 · 2003 · SC · Read judgment
- ACIT v. Rajesh Jhaveri Stock Brokers Pvt. Ltd.1,030 citing291 ITR 500 · 2007 · SC · Read judgment
- ITO v. Lakhmani Mewal Das721 citing103 ITR 437 · 1976 · SC · Read judgment
- PCIT v. Meenakshi Overseas Pvt. Ltd.471 citing82 Taxmann.com 300 · 2017 · HC · Read judgment
- CIT v. Orient Craft Ltd.366 citing354 ITR 536 · 2013 · HC
- Narayanappa v. CIT187 citing63 ITR 219 · 1967 · SC · Read judgment
- Prashant S. Joshi v. ITO179 citing324 ITR 154 · 2010 · HC
- CIT v. Atul Jain147 citing299 ITR 383 · 2008 · HC · Read judgment
- ACIT v. Dhariya Construction Co.116 citing328 ITR 515 · 2010 · SC
- German Remedies Ltd. v. Dy. CIT89 citing321 ITR 519 · 2006 · HC
- Inductotherm (India) P. Ltd. v. M. GopaLan, Deputy CIT68 citing356 ITR 481 · 2013 · HC
- CIT v. Indo Arab Air Services33 citing283 CTR 92 · 2016 · HC · Read judgment
- Krown Agro Foods (P) Ltd. v. ACIT32 citing375 ITR 460 · 2015 · HC
- Guj) 4. Chhugamal Rajpal v S P Chaliha and Ors. Ltd. (416 ITR 435)(SC) 5. Nivi Trading Ltd. v. Union of India (23 citing283 ITR 453 · 2006 · HC
- Ratna Trayi Reality Service (P.) Ltd. v. ITO20 citing356 ITR 493 · 2013 · HC
- PVP Ventures Pvt. Ltd. v. ACIT17 citing65 Taxmann.com 221 · 2016 · HC
- Amar Jewellers Ltd. v. DCIT16 citing74 Taxmann.com 16 · 2016 · HC
- (i) Varshaben Shantabhai Patel v. ITO9 citing282 CTR 75 · 2016 · HC
- CIT v. Mis\nShodiman Investments Pvt Ltd.3 citing422 ITR 437 · HC
Income Tax Appellate Tribunal, SMC BENCH KOLKATA
Before: SHRI GEORGE MATHAN
(नििाारण वर्ा / Assessment Year :2013-2014) M/s Vinayak Financial Consultants Vs DCIT, Central Circle-4(1), Kolkata Private Limited, 54A, Sarat Bose Road, Arrjavv Building,West Bengal. PAN No. : AACCV 6185 E (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee by : Shri A.K.Tulsyan & Shri Robin Maheshwari, Ars : Smt. Madhumita Das, Sr.DR राजस्व की ओर से /Revenue by सुनवाई की तारीख / Date of Hearing : 10/07/2025 घोषणा की तारीख/Date of Pronouncement : 10/07/2025 आदेश / O R D E R This is an appeal filed by the assessee against the order of the ld. CIT(A), Kolkata-27, dated 26.09.2024 for the Assessment Year 2017-2018.
Shri A.K.Tulsyan & Shri Robin Maheshwari, ld.ARs appeared on behalf of the assessee and Smt. Madhumita Das, ld. Sr.DR appeared on behalf of the revenue.
The appeal of the assessee is barred by 31 days. In this regard, the assessee has filed affidavit stating sufficient reasons for condonation of delay, which are also not found to be false. Ld. Sr. DR also did not raise any serious objection. Accordingly, the delay of 31 days in filing the appeal is condoned and the appeal is admitted for hearing.
4. It was the submission by the ld. AR that the Assessing Officer had received certain information that the assessee has received accommodation entries of Rs.10 lakhs and consequently initiated reopening proceedings. It was the submission that the assessee had responded to the reopening proceedings. The Assessing Officer did not dispose of the objection of the assessee and proceeded with the assessment in violation of the decision of the Hon’ble Jurisdictional High Court in the case of Champalal Omprakash, passed in ITAT/5/2025, GA/2/2025, dated 05.02.2025. It was the submission that the Assessing Officer has also not provided the details of the persons from whom he has received the said information nor provided the said persons who had given the statement for cross examination. It was the submission that he has no objection if the issues in this appeals are restored to the file of ld. Assessing Officer for readjudication after disposing off the objection filed by the assessee in line with the decision of the Hon’ble Jurisdictional High Court in the case of Champalal Omprakash (supra).
In reply, ld. Sr. DR vehemently relied on the orders of the ld. Assessing Officer & ld. CIT(A).
I have considered the rival submissions. A perusal of the facts of the present case clearly shows that notice u/s.148 of the Act had been issued to the assessee on 11.03.2021. The assessee has filed its objection on 02.02.2022. The assessment order has been passed on 28.02.2022. Admittedly, the objection of the assessee has been filed before completion of the assessment but obviously it has been done at the very last minute for which the ld.AR says that on account of Covid the delay was occurred. Be that as it may, in the interest of justice, the issues in this appeal are restored to the file of the Assessing Officer for readjudication with a direction to the Assessing Officer to dispose off the objection filed by the assessee on 02.02.2022, which reads as under :-
It is further noticed that the assessee has received Rs.10 lakhs from M/s Shivashiv Dealtrade Pvt.Ltd.. After disposing off the said objection of the assessee if the Assessing Officer thinks that some more verification is required on this issue, the assessee is at liberty to produce the authority of M/s. Shivashiv Dealtrade Pvt. Ltd. before the Assessing Officer and substantiate the claim of having provided the funds to the assessee.
In the event that the Assessing Officer proposes to use any adverse evidence against the assessee, the Assessing Officer shall provide adequate opportunity to the assessee to rebut the same.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- Sanjay Maheshwari vs. Union Of INDIA & Ors.Delhi · 14 Oct 2026
- Iyyanan Eswaran vs. The Appellate Deputy Commissioner (St) (GST)Madras · 14 Oct 2026
- M/S Dc Security Services vs. Commissioner Of Central Goods And Services TaxUttarakhand · 14 Oct 2026
- M/S Shreekanth Enterprises vs. Joint Commissioner AppealsUttarakhand · 14 Oct 2026
- Sharad Ashok Agarwal vs. State Of Maharashtra Through G.P. And OrsBombay · 14 Oct 2026