INDU GUPTA,DELHI vs. ITO WARD 58(1), DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The tribunal held that the reopening proceedings were invalid and quashed them. It found that the Assessing Officer failed to make any addition pertaining to the specific reason for which the assessment was reopened, rendering the reopening unsustainable in law, supported by judicial precedents.
What were the facts?
The assessee challenged the validity of reopening proceedings for Assessment Year 2015-16, initiated under Section 148/147 of the Income Tax Act. The reopening was based on alleged undisclosed sale proceeds of Rs.2,00,00,000/-, but the subsequent assessment only added short-term capital gains of Rs.43,58,771/-, with no addition directly related to the initial reason for reopening.
What were the issues?
Whether the reopening of assessment proceedings under Sections 148/147 is valid when the final assessment does not result in any addition relating to the original reason for reopening.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide 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.
- CIT v. Jet Airways (I) Ltd.694 citing331 ITR 236 · 2011 · HC
- Ranbaxy Laboratories Ltd. v. CIT398 citing336 ITR 136 · 2011 · HC
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
Asstt. Year: 2015-16 Indu Gupta, Vs Income Tax Officer, Sinha & Sinha Law Chambers LLP Ward-58(1), 108-109, Parmesh Business Centre-1, New Delhi-110002 Plot No. 20, Community Centre, Karkardooma, Delhi-110092 (APPELLANT) (RESPONDENT) PAN No. AESPG0965Q Assessee by: Sh. Prince Mohan Sinha, Adv. & Sh. Aniket Krishnatray, Adv. Revenue by : Sh. Amit Shukla, Sr. DR Date of Hearing: 23.12.2025 Date of Pronouncement: 23.12.2025 ORDER 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 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 Laboratories Ltd. vs. Union of India (2011) 336 ITR 136 (Del.) and CIT vs. Jet Airways (India) Ltd. (2011) 331 ITR 236 (Bom.) to quash the impugned reopening for the above precise reason in very terms.
More judgments on Section 147
- 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
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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