SUBRATA GANGOPADHYAY @ SUBRATO GANGOPADHYAY vs. INCOME TAX OFFICER, WARD 53(4) KOLKATA
What did the High Court hold?
The tribunal upheld the reopening of the assessment, finding that the assessee failed to provide satisfactory explanations for the source of funds. The tribunal also noted that the lower authorities had confirmed the addition, with the CIT(A) finding the wife's business to be a sham for money laundering.
What were the facts?
The Income Tax Appellate Tribunal (ITAT) was hearing an appeal challenging the reopening of assessment under Section 148 of the Income Tax Act, 1961, based on CBI findings of disproportionate assets. The assessee argued that information from the CBI could not be applied to earlier assessment years.
What were the issues?
The primary issue was the validity of reopening the assessment under Section 148 based on CBI findings and whether such findings could be applied to earlier assessment years. Another issue was the genuineness of the wife's business for explaining the source of income.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
OD-16 IA No: GA/2/2025 ITAT/145/2025 THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE
Subrata Gangopadhyay @ Subrato Gangopadhyay Versus Income Tax Officer, Ward – 53(4), Kolkata
Before: The Hon’ble JUSTICE SOUMEN SEN, CHIEF JUSTICE (ACTING)
And The Hon'ble JUSTICE RAJA BASU CHOWDHURY Date: 18th September 2025
Appearance: Mr. Anil Kr. Dugar, Advocate Mr. Somnath Bera, Advocate Ms. Nupur Chaudhuri, Advocate for the appellant Mr. Prithu Dudhoria, Advocate for the respondent
The Court: 1.The reopening of the assessment under section 148 of the Income Tax Act, 1961 (hereinafter referred to as the “said Act”), based on material evidence provided by the CBI following the search operation, and the assessment order for the year 2002-03 dated 23rd December, 2008 which was not interfered both by the CIT (Appeal) as also by the Income Tax Appellate Tribunal ‘B’ Bench, Kolkata, is under challenge. 2. The assessee is an employee of BSNL. The CBI investigation revealed disproportionate assets that have led to reopening of the case. 3. Learned Advocate appearing on behalf of the appellant is disputing the reopening of the assessment under Section 148 of the said
2 Act but has restricted his submission to the year relevant to the assessment of the income. It is submitted that anything unearthed by the CBI cannot be led back prior to 2004-05 as all necessary details and documents were furnished before the Assessing Officer. 4. We are unable to accept such submission by reason of the fact that the CBI found disproportionate assets and the assessing officer reopened the case on the basis of materials by recording reasons. The assessee had been given opportunity by the assessing officer to explain the source of fund and the incriminating material suggesting unearthed income not merely restricted to the financial year under consideration. The orders of the Assessing Officer, CIT (Appeal) and the Appellate Tribunal, on analysis of all relevant fact, have come to a definite finding that the Assessing Officer as also CIT (Appeal) was correct having regard to the information supplied by the CBI and inability on the part of wife of the assessee to disclose the source of income for which addition was allowed. The CIT (Appeal) while passing the impugned order confirmed the addition finding that so called sari business of his wife was merely for laundering the money. The report of the Assessing Officer was called for by the CIT (Appeal) which confirmed that no such business existed. 5. The order of the Tribunal confined to the assessment year 2002- 03 is called for interference in absence of the cross appeal. There is no need to go into the question with regard to the findings in favour of the
3 appellant in respect of the return filed for the assessment year 2005-06 which was allowed. 6. The appeal is accordingly dismissed. 7. IA No: GA/1/2025 is also dismissed.
(SOUMEN SEN, CJ (ACTING))
(RAJA BASU CHOWDHURY, J.)
akg/R. Bose
More judgments on Section 148
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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