M/S. HOME DEVELOPERS PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the reopening of assessment was bad in law as the mandatory sanction from the Commissioner under Section 151 was not obtained. The Tribunal drew an adverse inference against the Revenue for failing to produce the required record.
What were the facts?
The assessee's case was reopened for reassessment under Section 147 after the original assessment under Section 143(3). The reopening was based on information from the Investigation Wing regarding accommodation entries. The Assessing Officer made additions under Section 68 and for commission.
What were the issues?
Whether the reassessment proceedings were validly initiated without the requisite sanction from the Commissioner under Section 151. Whether the additions made under Section 68 and for commission were justified.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)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.
- CIT v. Krishnaveni Ammal34 citing158 ITR 826 · 1986 · HC
Income Tax Appellate Tribunal, DELHI BENCH “C” NEW DELHI
Before: SHRI BHAVNESH SAINI & SHRI PRASHANT MAHARISHI
Order pronounced in the open court.
More judgments on Section 147
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- 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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