S.P. SINGLA CONSTRUCTION PRIVATE LIMITED,DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CHANDIGARH

ITA 514/CHANDI/2023Status: DisposedITAT Chandigarh02 January 2025AY 2012-2013Bench: SHRI MAHAVIR SINGH (Vice President), SHRI KRINWANT SAHAY (Accountant Member)25 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the notice issued under Section 148 of the Act was bad in law and quashed it, along with the consequential assessment order. The Tribunal found that the reassessment was based on a mere change of opinion and lacked proper grounds for invoking Section 147/148.

What were the facts?

The Assessing Officer (AO) reopened the assessment for AY 2012-13 under Section 147/148 of the Income Tax Act, 1961, based on information about bogus sub-contractor expenses. The assessee argued that the reassessment proceedings were bad in law, particularly questioning the initiation under Section 148 instead of Section 153C.

What were the issues?

The primary issue was the validity of the reassessment proceedings initiated under Section 148, specifically whether the AO had valid reasons to believe income had escaped assessment and if the correct section was invoked.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 153A,Section 153C

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(15)Show 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.

Income Tax Appellate Tribunal, CHANDIGARH

Before: SHRI MAHAVIR SINGH & SHRI KRINWANT SAHAY,

For Appellant: Shri Ashwani Kumar, CA, Shri Aditya Kumar, CA, Ms. Muskan Garg and Ms. Deepali Aggarwal, CA
For Respondent: Smt. Kusum Bansal, CIT-DR
Hearing: 31.12.2024Pronounced: 02.01.2025

PER MAHAVIR SINGH, VP

This appeal by assessee is arising out of the order of CIT(A)-3 Gurgaon in appeal No. 10314/2019-20 dated

26.07.

2023. The assessment was framed by DCIT, Central

Circle-I Chandigarh for the assessment year 2012-13 under ITA 514/CHD/2023 A.Y. 2012-13 2

Section 147 read with Section 143(3) of the Income Tax Act,

1961 (hereinafter

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →