INCOME TAX OFFICER WARD 2(2)(2), GHAZIABAD vs. RAJEEV KUMAR ARORA, GHAZIABAD

ITA 698/DEL/2024Status: DisposedITAT Delhi16 October 2024AY 2015-16Bench: SHRI M. BALAGANESH (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)15 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the reassessment proceedings were void ab initio due to defects in the reasons recorded by the Assessing Officer and mechanical approval by the competent authority under Section 151. Consequently, the grounds raised by the Revenue on merits were not adjudicated.

What were the facts?

The Revenue appealed against the deletion of additions made towards deemed dividend under Section 2(22)(e). The assessee, however, challenged the validity of the reassessment proceedings initiated under Section 147.

What were the issues?

Whether the reassessment proceedings initiated under Section 147 were valid, considering the alleged defects in the reasons recorded and the approval process under Section 151.

Which sections of the Income-tax Act were involved?

Section 2(22)(e),Section 147,Section 148,Section 151

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Cases cited in this judgment(6)Show list

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Income Tax Appellate Tribunal, DELHI BENCH “F”: NEW DELHI

Before: SHRI M. BALAGANESH & SHRI VIMAL KUMAR

For Appellant: Shri Rajesh Khandelwal, CA, Shri Neelhand Kahndelwal, Shri Jaind Kumar Jaiswal, Adv
For Respondent: Ms. Banita Devi Naorem, CIT DR, Shri Ravi Kant Chaudhary, Sr. DR
Hearing: 03/10/2024Pronounced: 16/10/2024

PER M. BALAGANESH, A. M.: These are the appeals in ITA Nos. 622, 641, 698 & 642/Del/2024 for 1. AYs. 2013-14 to 2015-16 and 2017-18 arise out of the order of the National Faceless Appeal Centre (NFAC), Delhi dated 11.01.2024 for AY 2013-14, 18.12.2023 for AY 2014-15, 11.01.2024 for AY 2015-16 and 18.12.2023 for AY 2017-18 u/s. 147 rws 144 of the Income Tax Act, 1961 passed by NFAC, Delhi dated 30.03.202. 2. Identical issues are involved in all these appeals and hence they are taken up together and disposed of by this common order for the sake of conveni

The order continues below.

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