NORATAN LAL SHARMA,JAIPUR vs. INCOME TAX OFFICER, WARD 2(2), JAIPUR, JAIPUR

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ITA 323/JPR/2025Status: DisposedITAT Jaipur01 September 2025AY 2008-09Bench: SHRI GAGAN GOYAL (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)1 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the appeal was filed by the assessee and subsequently withdrawn by the assessee via a withdrawal application. The bench allowed the withdrawal of the appeal.

What were the facts?

The assessee's appeal was directed against an order of NFAC, Delhi. The assessee had raised grounds related to the AO's alleged error in initiating reassessment proceedings, non-service of proper notices, and incorrect consideration of the cost of acquisition.

What were the issues?

Whether the reassessment proceedings were validly initiated and whether the notices were properly served on the assessee. The primary issue became the withdrawal of the appeal by the assessee.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 142(1),Section 144,Section 250,Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JAIPUR BENCH “SMC”, JAIPUR

For Respondent: Mr. Gautam Singh Choudhary, Addl. CIT
Hearing: 01/09/2025Pronounced: 01/09/2025

(A. Y. 2008-09) Noratan Lal Sharma, 35-A Nanupuri, Jhotwara, Jaipur 302 012 PAN No.: BCYPS 6349P ...... Appellant Vs. ITO, Ward 2(2), Jaipur …...Respondent Appellant by : None Respondent by : Mr. Gautam Singh Choudhary, Addl. CIT Ld. DR Date of hearing : 01/09/2025 Date of pronouncement : 01/09/2025 O R D E R PER GAGAN GOYAL, A.M:

This appeal by assessee is directed against the order of NFAC, Delhi dated 12.12.2024 passed u/s. 250 of the Income Tax Act, 1961 (in short ‘the Act’). The assessee has raised the following grounds of appeal: - Noratan Lal Sharma

1. On the facts and circumstances of the case and in law also Ld. A.O. grossly erred in initiating reassessment proceedings u/s. 147 of the Income Tax Act, 1961.

2.

No notice U/s. 148 or U/s. 142(1) or U/s. 144 was served on the assessee as the same was not issued in the name of correct person. Even address was not written correctly. Assessment order has also been passed in name of wrong person. Therefore entire proceedings are abinitio void.

3. That the Return of income filed by the assessee was not referred at all before initiating reassessment proceedings. Even the fact that assessee holds PAN was not considered.

4. On the facts and circumstances of the case and in law also Ld CIT(A) grossly erred in considering cost of acquisition as on 01-04-1981 at Rs 90,738/- whereas assessee claimed in his written submission cost of acquisition of property as on 01-04-1981 at Rs 1,32,967/- 5. That the appellant craves his indulgence to add, amend, alters or deletes the grounds of appeal.

2. This appeal was filed by the assessee before us on 28-02-2025; thereafter the matter was fixed for hearing on various occasions as per order sheet. Ultimately, the same stood withdrawn by the assessee vide his withdrawal application dated: 29.08.2025, as the matter was pending before the Ld. CIT (A) for rectification u/s. 154 of the Act.

3.

In view of this application filed by the assessee, the bench allowed the withdrawal of the appeal mentioned (supra) and the same is treated as dismissed as withdrawn.

4.

In the result, the appeal of the assessee is technically dismissed.

Sd/- Sd/- (NARINDER KUMAR) (GAGAN GOYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER Jaipur, िदनांक/Dated: 01/09/2025 Copy of the Order forwarded to: 1. अपीलाथ�/The Appellant , 2. �ितवादी/ The Respondent. 3. आयकर आयु� CIT 4. िवभागीय �ितिनिध, आय.अपी.अिध., Sr.DR., ITAT, 5. गाड� फाइल/Guard file. BY ORDER, //True Copy// (Asstt. Registrar) ITAT, Jaipur

Details Date Initials Designation 1 Draft dictated on PC on 01.09.2025 Sr.PS/PS 2 Draft Placed before author 01.09.2025 Sr.PS/PS 3 Draft proposed & placed before the Second Member JM/AM 4 Draft discussed/approved by Second Member JM/AM 5. Approved Draft comes to the Sr.PS/PS Sr.PS/PS 6. Kept for pronouncement on Sr.PS/PS 7. File sent to the Bench Clerk Sr.PS/PS 8 Date on which the file goes to the Head clerk 9 Date of Dispatch of order

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