M/S MAJESTIC SALES PROMOTION PVT. LTD. ,KOLKATA vs. DCIT, CIR.-8(1), KOLKATA
What did the Tribunal hold?
The Tribunal held that since the reassessment proceedings were initiated after four years, they must satisfy the first proviso to Section 147. As the reasons recorded u/s 148(2) did not mention any failure by the assessee to disclose material facts, the reopening was invalid and illegal, following the Supreme Court's decision in ACIT vs. CEAT Ltd.
What were the facts?
The assessee's assessment was initially framed u/s 143(3). Subsequently, the case was reopened u/s 147 by issuing notice u/s 148 on 22.03.2018 for AY 2011-12, i.e., after more than four years from the end of the relevant assessment year, based on information about accommodation entries and unexplained cash credits of ₹35.00 lacs.
What were the issues?
Whether reassessment proceedings initiated beyond four years from the end of the assessment year are valid if the reasons recorded do not explicitly state the assessee's failure to disclose material facts as required by the first proviso to Section 147.
Which sections of the Income-tax Act were involved?
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- ACIT v. CEAT Ltd.44 citing146 Taxmann.com 108 · 2022 · SC
Income Tax Appellate Tribunal, “B” BENCH, KOLKATA
Before: SHRI RAJESH KUMAR, AM & SHRI SONJOY SARMA, JM
These are appeals preferred by the assessee against the orders of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 11.10.2023 & 12.10.2023 for the AYs 2010-11 & 2011-12 respectively.
At the time of hearing, the assessee only pressed ground no.4, which is extracted as under:-
“4. For that the re-assessment proceedings initiated after 4 years from the end of assessment year without there being failure on the part of the assessee to disclose fully and truly any material facts is without jurisdiction being barred by limitation.” 03. The facts in brief are that the assessee filed the return of income on 13.09.2011, declaring total income at ₹12,83,718/-. The case of the
The said issue was raised before the ld. CIT (A) by way of raising ground no. 1 and 2 in an appeal , however, there was no specific adjudication on this issue by the ld. Commissioner of Income-tax (Appeals).
47/KOL/2024 for A.Y. 2010-12
In the result, the appeals of the assessee are allowed.
Order pronounced in the open court on 28.03.2025.
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
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