SUSHANTA GHOSH,HOOGHLY vs. I.T.O., WARD - 24(1),, HOOGHLY

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ITA 2533/KOL/2025Status: HeardITAT Kolkata26 February 2026AY 2014-20153 pages

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Income Tax Appellate Tribunal, “D” BENCH, KOLKATA

Before: SHRI RAJESH KUMAR, AM & SHRIPRADIP KUMAR CHOUBEY, JM

For Appellant: Shri Somnath Ghosh, AR, Shri Sanat Kumar Raha, DR
For Respondent: Shri Somnath Ghosh, AR, Shri Sanat Kumar Raha, DR

Per Rajesh Kumar, AM:

This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 07.10.2025 for the AY 2014-15.

2.

At the time of hearing, the ld. Counsel for the assessee pressed only one issue which is against the invalid assessment framed by the National Faceless Appeal Centre, Delhi [the learned CIT (A)] vide order dated 22.03.2022, which is without jurisdiction and is accordingly, invalid.

3.

The facts in brief are that the assessee engaged in the business of trading of paddy and allied products. The assessee filed the return of

4.

In the appellate proceedings, the ld. CIT (A) confirmed the order of the ld. Assessing Officer.

5.

After hearing the rival contentions and perusing the materials available on record, we find that the assessment has been framed by the National Faceless Assessment Centre vide order dated 22.03.2022, which in our opinion, is without jurisdiction as the Provisions of Section 151A of the Act which provides for faceless assessment were notified from 29.03.2022 vide notification no. 18/2022/F. No. 370142/16/2022-TPL(Part) though the same were brought on statute book by the Taxation and Other Law (realization and amendment of certain provisions) Act, 2020 with effect from 01.11.2020. Considering these facts, the assessment framed by the National Faceless Appeal Centre is null and void as the same is without jurisdiction and cannot be sustained. The case of the

6.

In the result, the appeal of the assessee is allowed.

Order pronounced in the open court on 26.02.2026.

Sd/- Sd/- (PRADIP KUMAR CHOUBEY) (RAJESH KUMAR) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) Kolkata, Dated: 26.02.2026 Sudip Sarkar, Sr.PS Copy of the Order forwarded to: 1. The Appellant 2. The Respondent 3. CIT DR, ITAT, 4. 5. Guard file. BY ORDER, True Copy//

Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Kolkata

SUSHANTA GHOSH,HOOGHLY vs I.T.O., WARD - 24(1),, HOOGHLY | BharatTax