KOMAL KUMAR,SAMBHALHERA vs. ASSESMENT UNIT, ASSESMENT UNIT INCOME TAX DEPARTMENT
What did the Tribunal hold?
The Tribunal observed that the Assessing Officer, despite reopening for cash deposits, ended up disallowing/adding commission income. The addition made was not related to the sole reason for reopening. The Tribunal relied on precedents to quash the reopening.
What were the facts?
The assessee's appeal for AY 2020-21 arose against an order passed under section 147 r.w.s. 144B of the Income Tax Act, 1961. The reopening was based on the sole reason of alleged cash deposits of Rs. 2,62,30,808/-.
What were the issues?
Whether the reassessment proceedings initiated by the Assessing Officer were valid when the addition made was not based on the original reason for reopening.
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 Laboratories Ltd. v. CIT398 citing336 ITR 136 · 2011 · HC
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
ORDER This assessee’s appeal for Assessment Year 2020-21 arises against the Assessing Officer’s DIN & order No. ITBA/AST/S/147/2024-25/1074540022(1) dated 16.03.2025, in proceedings u/s 147 r.w.s. 144B of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
It transpires during the course of hearing that there arises the first and foremost legal issue of validity of the impugned reopening itself as the learned assessing authority had set into motion the impugned proceedings against the assessee regarding the sole reason of total cash deposits of Rs.2,62,30,808/- whereas his assessment framed on
It is thus clear that the learned assessing authority has nowhere made any addition qua the above sole reason of reopening. That being the clinching case, I hereby quote Ranbaxy Laboratories Ltd. vs. Union of India (2011) 336 ITR 136 (Del.) and CIT vs. Jet Airways (India) Ltd. (2011) 331 ITR 236 (Bom.) to quash the impugned reopening for the above precise reason in very terms.
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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