M/S SRIGARV BUILDCON PVT LTD,DELHI vs. ACIT CENTRAL CIRCLE 32, 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 suffered from a complete non-application of mind by the assessing authority, citing several judicial precedents. This factual discrepancy rendered the reopening unsustainable.
What were the facts?
The assessee's appeal for assessment year 2020-21 challenges the reopening of assessment proceedings under section 147 r.w.s. 144 of the Income-tax Act, 1961. The assessing authority initiated section 148 proceedings alleging the assessee was a beneficiary of an accommodation entry of Rs. 10 lakhs in the case of M/s. Sarvottam Securities Pvt. Ltd. However, the reassessment framed added varying sums received for M/s. White Line Apparels Pvt. Ltd.
What were the issues?
Whether the reopening of assessment under Section 147 was sustainable when the basis for reopening differed significantly from the grounds on which reassessment was made?
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)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. Jet Airways (I) Ltd.694 citing331 ITR 236 · 2011 · HC
- Ranbaxy Laboratory v. CIT5 citing335 ITR 136 · 2011 · HC
Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI
Before: SHRI SATBEER SINGH GODARA
ORDER This assessee’s appeal for assessment year 2020-21, arises against the Commissioner of Income Tax (Appeals)-30 [in short, the “CIT(A)”], Delhi’s DIN and order no. ITBA/APL/M/250/2025- 26/1083280318(1), dated 03.12.2025 involving proceedings under section 147 r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused.
Coming to the first and foremost legal issue herein, it emerges that the assessee seeks to challenge validity of the impugned reopening for the precise reason that the learned assessing authority had set into motion section 148 proceedings alleging it as beneficiary of an accommodation entry involving Rs.10 lakhs in case of M/s. Sarvottam Securities Pvt. Ltd., whereas his re-assessment framed on 26.03.2025 has ended up in adding the varying sums as having received for M/s. White Line Apparels Pvt. Ltd. This clinching factual position has gone unrebutted from the Revenue side.
Faced with this situation, I hereby quote Ranbaxy Laboratory Vs. CIT (2011) 335 ITR 136 (Del); CIT Vs. Jet Airways (I) Ltd. (2011) 331 ITR 236 (Bom.); Matchless Infrastructure Pvt. Ltd. Vs. ITO, 2025 (1) TMI 866 (ITAT – Delhi); DCIT Vs. Interlink Foods Pvt. Ltd, & 4671/Del/2024 (ITAT – Delhi); Dinesh Babu Saxena Vs. ITO, (ITAT -Delhi) that such a reopening suffering from complete non- application of mind is not sustainable. Quashed in very terms therefore. All other pleadings on merits between the parties rendered academic.
This assessee’s appeal is allowed.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- 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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