BEST BULL STOCK TRADING PVT LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE-18, NEW DELHI

ITA 2954/DEL/2024Status: DisposedITAT Delhi09 January 2026AY 2016-17Bench: SH. C.N. PRASAD, JUDICIAL MEMBER AND SH. M. BALAGANESH (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that the CIT(A) exceeded its powers by directing the Assessing Officer to initiate reassessment proceedings under Section 147. The authority of the CIT(A) ended with deleting the addition, and directing further proceedings was considered ultra vires.

What were the facts?

The assessee's appeals were against the CIT(A)'s direction to initiate reassessment proceedings under Section 147 of the Income Tax Act, despite deleting additions due to lack of incriminating material. The CIT(A) had directed the AO to initiate proceedings under Section 147/148 of the Act, relying on Supreme Court judgments and CBDT instructions.

What were the issues?

Whether the CIT(A) has the power to direct the Assessing Officer to initiate reassessment proceedings under Section 147 of the Income Tax Act when the original addition was deleted due to lack of incriminating material.

Which sections of the Income-tax Act were involved?

Section 147,Section 150(1),Section 153A,Section 143(3),Section 148

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Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI

Before: SH. C.N. PRASAD & SH. M. BALAGANESH

Hearing: 12/11/2025

PER C.N. PRASAD, JM: These two appeals are filed by the assessee against the order of the Ld. CIT(A) -27, New Delhi dated 23.05.2023 for the A.Y. 2015- 16 and 2016-17 in rendering a finding for initiating proceedings

u/s.147 of the Act, though be deleted the addition in the absence of any incriminating material found in the course of search.

2.

The assessee has raised the following common grounds of appeal :- “1. That on the facts and circumstances of the case and in law, the Commissioner of Income Tax, Delhi (Appeals)-27, New Delhi [the CIT(A)] has erred in directing the Assessing Officer under section 150(1) of the Income tax Act, 1961 (t

The order continues below.

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