ITO 5 (2), INDORE vs. SHRIKAPIL RATHI, INDORE
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The ITAT dismissed the Revenue's appeal, affirming the CIT(A)'s decision to quash the reassessment order. The tribunal ruled that the reassessment was invalid because the AO failed to issue a mandatory notice under Section 143(2) after the assessee filed a return in response to the Section 148 notice, as per Supreme Court precedent.
What were the facts?
During a search on Keti Group, information was found that the assessee provided accommodation entries and received commission. The AO initiated reassessment under Section 148, adding a significant amount to the assessee's income. The CIT(A) subsequently deleted this addition, prompting the Revenue to appeal.
What were the issues?
The primary legal issue was the validity of reassessment proceedings initiated under Section 147/148 when the AO failed to issue a notice under Section 143(2) after the assessee filed a return in response to the Section 148 notice.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)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.
- ACIT v. Hotel Blue Moon623 citing321 ITR 362 · 2010 · SC · Read judgment
Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: SHRI C.M. GARG, JUDICIAL MEMEBR & SHRI BHAGIRATH MAL BIYANI
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
आदेशकी�ितिलिपअ�ेिषत / Copy of Order Forwarded to:- 1. राज�/ Revenue 2. आवेदक / Assessee 3. संबंिधतआयकरआयु#/ Concerned CIT 4.आयकरआयु#- अपील / CIT (A) 5. िवभागीय�ितिनिध,आयकरअपीलीयअिधकरण, अहमदाबाद/ DR, ITAT, Ahmedabad 6. गाड)फाइल / Guard file. By order UE COPY
Assistant Registrar Income Tax Appellate Tribunal Indore Bench, Indore
Date 1. Draft dictated on 19.12.2022 2. Draft placed before the author 20.12.2022 3. Draft placed before the other Member 4. Approved Draft comes to the Sr.PS/PS 5. Order uploaded on 6. File sent to the Bench Clerk 7. Date on which file goes to the Head Clerk. 8. Date on which file goes to the AR 9. Date of dispatch of Order.
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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