KOSHAL KISHOR SHARMA,JAIPUR vs. DCIT(INTL. TAX), JAIPUR, JAIPUR

ITA 861/JPR/2025Status: DisposedITAT Jaipur15 September 2025AY 2015-16Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)1 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal set aside the assessment order in ITA No. 861/JPR/2025 due to lack of requisite jurisdiction. Consequently, the penalty order in ITA No. 862/JPR/2025 was also set aside as it would not survive without a valid assessment order.

What were the facts?

The assessee filed appeals against orders related to reassessment and penalty for AY 2015-16. The original assessment was made under Section 147 r.w.s. 144, and a penalty was levied under Section 271(1)(c). The assessee contended that the assessment orders were passed ex-parte without adequate opportunity and that additions were made on account of unexplained cash deposits and mutual fund investments.

What were the issues?

The primary issues were the jurisdiction of the Assessing Officer in passing the assessment order and the validity of additions made on account of unexplained investments and cash deposits. The penalty levied under Section 271(1)(c) was also challenged.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 271(1)(c),Section 69A,Section 69,Section 124(3),Section 148,Section 142(1),Section 143(3)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(11)Show 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.

Income Tax Appellate Tribunal, JAIPUR BENCHES,”B” JAIPUR

Before: DR. S. SEETHALAKSHMI, JM & SHRI GAGAN GOYAL, AM vk;dj vihy la-@ITA No. 861 & 862/JPR/2025

Hearing: 14/08/2025Pronounced: 15/09/2025

PER: DR. S. SEETHALAKSHMI, J.M.

These are two appeals filed by the assessee against two separate orders of ld. CIT(A), Delhi-42, passed under section 250 of the I.T. Act, 1961 dated 07.03.2025 and 12.02.2025 arise from the orders dated 24.05.2023 and 29.03.2024 passed by DCIT Circle (Intl. Tax), Jaipur under section 147 r.w.s. 144 and 271(1)(c) of the Income Tax Act, 1961 respectively for the assessment year 2015-16. 2. The assessee has raised

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →