ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), MEERUT, MEERUT (U.P.) vs. NITA RASTOGI, MEERUT (U.P.)

ITA 3382/DEL/2025Status: DisposedITAT Delhi26 November 2025AY 2013-1413 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s order, finding that the reassessment proceedings were initiated on 'borrowed satisfaction' without a proper link between the available material and the belief of escaped income. Since the reassessment proceedings were quashed, the issue of additions on merits became academic.

What were the facts?

The Assessing Officer (AO) reopened the assessee's assessment based on information from the Insight Portal, alleging bogus Long Term Capital Gain (LTCG). The AO made additions under Section 68 for unexplained cash credit and also added a commission for obtaining accommodation entries. The CIT(A) allowed the assessee's appeal on legal grounds, quashing the reassessment proceedings due to vague reasons recorded by the AO.

What were the issues?

Whether the reassessment proceedings were validly initiated based on the reasons recorded by the AO, and if the CIT(A) erred in quashing the proceedings without adjudicating on the merits of the additions.

Which sections of the Income-tax Act were involved?

Section 147,Section 144B,Section 68,Section 10(38)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(6)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, DELHI “E” BENCH: NEW DELHI

Before: SHRI SUDHIR KUMAR & SHRI MANISH AGARWAL

For Appellant: Dr. Kapil Goel, Adv
For Respondent: Shri Shyam Manohar Singh, Sr.DR, Dr. Kapil Goel, Adv
Hearing: 23.09.2025Pronounced: 26.11.2025

PER MANISH AGARWAL, AM : The present appeal is filed by Revenue against the order dated 26.03.2025 of Ld. Commissioner of Income Tax (A), National Faceless Appeal Centre (“NFAC”), Delhi [“Ld. CIT(A)”] in Appeal No. NFAC/2012-13/10108767 passed u/s 250 of the Income Tax Act, 1961 [“the Act”] arising out of assessment order dated 24.03.2022 passed u/s 147 r.w.s. 144B of the Act for Assessment Year 2013-14. 2. The assessee is an individual and filed her return of income on 08.07.2013, declaring total income of INR 17,06,660/-. The case of the asseessee was re-opened in terms of notice issued u/s 148 dated 31.03.2021. As per the reasons recorded, the AO on the basis of information pushed on the Insight Portal, recorded h

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 →