ASSISSTANT COMMISSIONER OF INCOME TAX, JHANDEWALAN EXTN. vs. OM PRAKASH ARORA, CONNAUGHT PLACE

ITA 5031/DEL/2024Status: DisposedITAT Delhi09 January 2026AY 2015-16Bench: SHRI ANUBHAV SHARMA (Judicial Member)50 pages
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What did the Tribunal hold?

The Tribunal held that the reassessment proceedings initiated under Section 147/148 were valid, dismissing the assessee's cross-objection. However, the Tribunal found that the CIT(A) erred in deleting substantial additions made by the Assessing Officer concerning sham transactions and engineered losses, confirming the Assessing Officer's additions.

What were the facts?

The Revenue appealed against the CIT(A)'s order, which had upheld reassessment proceedings under Section 147/148. The assessee also filed a cross-objection challenging the validity of these proceedings. The core issue revolved around the initiation of reassessment and subsequent additions made by the Assessing Officer.

What were the issues?

The primary issues were the validity of reassessment proceedings initiated under Section 147/148 and the correctness of additions made by the Assessing Officer concerning alleged sham transactions and engineered losses.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 151,Section 2(22)(e),Section 120(4)(b),Section 127

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Cases cited in this judgment(8)Show list

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IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘E’: NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTNAT MEMBER [Assessment Year: 2015-16] Assistant Commissioner of Om Prakash Arora, Income Tax, Central Circle-01, M-3, Flat No.103, AVG Bhawan E-2, Jhandewalan Extn. Vs The Variety Books Depot. New Delhi-110055 Connaught Place, New Delhi-110001 PAN-ACCPA9774F Assessee Revenue Cross Objection No.42/Del/2025 (Arising out of ITA No.5031/Del/2024) [Assessment Year: 2015-16] Om Prakash Arora, Assistant Commissioner of Income M-3, Flat No.103, AVG Tax, Central Circle-01, Bhawan The Variety Books Vs E-2, Jhandewalan Extn. Depot. Connaught Place, New Delhi-110055 New Delhi-110001 PAN-ACCPA9774F Assessee Revenue [Assessment Year: 2016-17] Assistant Commissioner of Om Prakash Arora, Income Tax, Central Circle-01, M-3, Flat No.103, AVG Bhawan E-2, Jhandewalan Extn. Vs The Variety Books Depot. New Delhi-110055 Connaught Place, New Delhi-110001 PAN-ACCPA9774F Assessee Revenue

ITA Nos.5029 & 5031/Del/2024 & CO No.42/Del/2025

Assessee by Shri Ajay Vohra, Sr. Adv. Shri Aditya Vohra, Adv. Ms. Aakarti Bansal, CA Revenue by Ms. Amisha S.Gupt, CIT(DR) Date of

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