INDU GUPTA,DELHI vs. ITO WARD 58(1), DELHI
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2015-16
arises against the CIT(A)/NFAC, Delhi’s DIN & order No.
ITBA/NFAC/S/250/2025-26/1076388993(1) dated 22.05.2025, in proceedings u/s 144 of the Income Tax Act, 1961 (in short
“the Act”).
Heard both the parties at length. Case file perused.
It transpires during the course of hearing that there arises the first and foremost legal issue of validity of the impugned reopening itself as the learned assessing authority had set into motion section 148/147 proceedings against the assessee regarding the sole reason of entire sale proceeds of Rs.2,00,00,000/- whereas his assessment framed on 29.03.2023 ended up adding Indu Gupta
2
short capital gains of Rs.43,58,771/- in question. It is thus clear that the learned assessing authority has nowhere made any addition qua the above sole reason of reopening involving other assessee’s sale consideration.
That being the clinching case, I hereby quote Ranbaxy 5. This assessee’s appeal is allowed. Order Pronounced in the Open Court on 23/12/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 23/12/2025
*Subodh Kumar, Sr. PS*