KUMAR RAMESH SAHU,RAJKOT, GUJARAT vs. ACIT, CIRCLE-2(2), RAJKOT, RAJKOT, GUJARAT

ITA 336/RJT/2023Status: DisposedITAT Rajkot04 April 2025AY 2009-10Bench: DR. ARJUN LAL SAINI (Accountant Member), SHRI DINESH MOHAN SINHA (Judicial Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal found that the reopening of assessment under Section 147 was valid. However, regarding the additions for unexplained cash credits, the matter was remanded to the AO for fresh adjudication after providing the assessee with a reasonable opportunity of being heard.

What were the facts?

The assessee's assessment for AY 2009-10 was reopened under Section 147, leading to additions for long-term capital gains and unexplained cash credits. The CIT(A) partly allowed the appeal, confirming some additions and remanding others.

What were the issues?

The primary issues were the validity of reopening the assessment under Section 147 and the confirmation of additions for long-term capital gains and unexplained cash credits due to lack of proper documentation and opportunity.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 148,Section 68,Section 54F,Section 271(1)(c)

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Income Tax Appellate Tribunal, RAJKOT BENCH: RAJKOT

Before: DR. ARJUN LAL SAINI & SHRI DINESH MOHAN SINHA

For Appellant: Shri M.N. Manvar, Ld. AR
Hearing: 13/01/2025Pronounced: 04/04/2025

PER DINESH MOHAN SINHA, JUDICIAL MEMBER:

Captioned appeal filed by the Assessee pertaining to Assessment Year (AY) 2009-10 is directed against the order passed by the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [(in short “Ld. CIT(A)”] vide order dated 30/08/2023, which in turn arises out of an assessment order dated 30/12/2016 passed by the Assessing Officer (AO) u/s. 143(3) rad with section 147 of the Income Tax

The order continues below.

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