SUBHASH CHANDER GUPTA, H.NO. 16528 VISHNU COLONY, RALIWAY ROAD, KURUKSHETRA,HARYANA vs. JOINT COMMISSIONER OF INCOME TAX, KURUKSHETRA

ITA 768/CHANDI/2024Status: DisposedITAT Chandigarh07 April 2025AY 2011-2012Bench: SHRI RAJPAL YADAV (Vice President), SHRI KRINWANT SAHAY (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that the re-opening of assessment under Section 148 was invalid due to lack of proper procedure and the addition of Rs. 13 crore was not sustainable. The penalty under Section 271D was also deleted as the addition was deleted and the amount did not fall under Section 269SS.

What were the facts?

The assessee's assessment for AY 2011-12 was re-opened under Section 148, leading to an addition of Rs. 13 crore. The assessee also faced a penalty under Section 271D for alleged cash acceptance of Rs. 13 crore.

What were the issues?

Whether the re-opening of assessment under Section 148 was valid and whether the addition of Rs. 13 crore and penalty under Section 271D were justified.

Which sections of the Income-tax Act were involved?

Section 148,Section 143(2),Section 271D,Section 269SS

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Cases cited in this judgment(10)Show list

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Income Tax Appellate Tribunal, DIVISION BENCH, ‘B’ CHANDIGARH

Before: SHRI RAJPAL YADAV & SHRI KRINWANT SAHAY

For Appellant: Shri Sudhir Sehgal, Advocate and Shri Abhinav Gupta, Advocate
For Respondent: Smt. Kusum Bansal, CIT, DR
Hearing: 31.01.2025Pronounced: 07.04.2025

Heard together (2 matters)

ITA No. 765/CHD/2024
ITA No. 768/CHD/2024

Read from the judgment's own cause title. This page is filed under one of them.

PER RAJ PAL YADAV, VP

The present two appeals are directed at the instance of assessee against the separate orders of ld. Commissioner of Income Tax (Appeals) [in short ‘the ITA No.765&768/CHD/2024 A.Y.2011-12 2

CIT (A)’] dated 28.06.2024 passed for assessment year

2011-

The order continues below.

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