KARMIC BUSINESS SPECIALITIES PVT. LTD.,NEW DELHI vs. ACIT, CIRCLE-14(1), NEW DELHI
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2009-10, arises against the CIT(A)-5,
New
Delhi’s in case
No.
Del/CIT(A0-5/0034/2017-18 dated 21.02.2019, in proceedings u/s 147 r.w.s. 143(3) 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 both the learned lower authorities had set into motion section 148/147 proceedings against the assessee to reopen the earlier assessment dated 30.12.2016 framed in it’s case u/s 153C r.w.s. 143(3) of the Act. Karmic Business Specialties Pvt. Ltd.
2
4. It is in this factual backdrop that the tribunal sought to verify as to whether the impugned reopening is based on any incriminating material or not which found a mandatory condition in a search assessment settled as per hon’ble apex court’s landmark decision in PCIT vs. Abhisar Buildwell Pvt. Ltd.
(2023) 454 ITR 212 (SC). No satisfactory answer has come from the Revenue side since the impugned reopening is based on some investigations carried by the learned departmental authorities than any incriminating material found during the course of the search.
This being the clinching factual position, the tribunal hereby seeks no merit in the learned lower authorities’ action initiating the impugned reopening against the assessee. The same stands quashed in very terms.
This assessee’s appeal is allowed. Order Pronounced in the Open Court on 08/10/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 08/10/2025
*Subodh Kumar, Sr. PS*