ASHOK KUMAR MAITI,PANSKURA vs. ASST COMMISSIONER CIR 1(1), KOLKATA
What did the Tribunal hold?
The Tribunal observed that the CIT(A) had not considered several legal grounds challenging the AO's jurisdiction and the validity of the Section 143(2) notice. Therefore, the matter was remitted back to the CIT(A) to decide these revised grounds of appeal after providing the assessee an opportunity to present evidence and potentially obtain a remand report.
What were the facts?
The assessee filed a return for AY 2014-15 which was selected for scrutiny. Due to non-compliance, the AO completed a best judgment assessment, adding profit from delivery-based share transactions and an undisclosed payment to a broker, while disallowing speculation losses. The CIT(A) dismissed the appeal as the assessee failed to furnish complete transaction details or explain the source of payments.
What were the issues?
Whether the AO had jurisdiction to pass the assessment order, validity and service of the Section 143(2) notice, proper classification of share trading income (capital gain vs. business income), and additions for undisclosed investment.
Which sections of the Income-tax Act were involved?
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- Asstt. CIT v. Hotel Blue Moon84 citing188 Taxmann 113 · 2010 · SC · Read judgment
Income Tax Appellate Tribunal, KOLKATA ‘D’ BENCH, KOLKATA
Before: SHRI DUVVURU RL REDDY(KZ) & SHRI RAKESH MISHRA
order
: February 6th, 2025 ORDER
PER RAKESH MISHRA, ACCOUNTANT MEMBER:
This appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)- NFAC, Delhi [hereinafter referred to as ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2014-15 dated 05.10.2023, which has been passed against the assessment order u/s 143(3) of the Act, dated 27.12.2016.
5.1 The Ld. Sr. DR supported the order of the Ld. CIT(A) as well as of the Ld. AO as the assessee had made no submission. We have considered the rival submissions and also gone through the facts of the case. Since the legal grounds, which go to the route of the matter, have not been considered and disposed of by the Ld. CIT(A), we deem it appropriate to remit the issue to the Ld. CIT(A) to decide the revised grounds of appeal placed before him. The assessee shall be at liberty to file all necessary evidences in this regard and the Ld. CIT(A) shall also grant an opportunity to the Ld. AO or call for the remand report as per Rule 46A of the Income Tax Rules, 1962.
More judgments on Section 133(6)
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Rangoli Hotel, Mehsana vs DCIT, Circle, Gandhinagar, GandhiangarITA 2286/AHD/2026[2020-21]Status: Disposed21 Oct 2026AY 2020-21
- Shree Bandharda Seva Sahkari Mandli Ltd… vs Income Tax Officer Ward -4, JunagadhITA 881/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Vikas Ashokkumar Masand, Ahmedabad vs The Dy. Commissioner of Income Tax…ITA 3130/AHD/2026[A.Y. 2017-18]Status: Disposed19 Oct 2026
- Ritu Rajesh Gohil, Jamnagar, Gujarat vs ITO Ward 2(1), Jamnagar, GujaratITA 109/RJT/2026[2018-19]Status: Disposed15 Oct 2026AY 2018-19
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