Loading judgment…
Facts
The assessee's appeals for AY 2014-15 and 2015-16 arose from reassessment proceedings initiated under Section 147 read with Section 143(3) of the Income Tax Act. The assessee did not appear for the hearing, and the matter was proceeded ex-parte.
Held
The Tribunal noted that a coordinate bench had previously quashed the reassessment proceedings initiated under Section 153C for the same assessment year. Consequently, the present reassessment proceedings were deemed to have no legal basis and were annulled.
Key Issues
Whether reassessment proceedings initiated under Section 147 r.w.s 143(3) are valid when a coordinate bench has already quashed related proceedings under Section 153C for the same assessment year.
Sections Cited
147, 143(3), 148, 153C
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘C’, NEW DELHI
Before: Sh. Satbeer Singh Godara & Sh. Manish Agarwal
Asstt. Year : 2015-16 Super Bazar Stores Pvt. Ltd./Pvt. Vs ACIT, Ltd. Company through it’s director Central Circle-6/CIT(A)-XIV, Sh. Ashok Kumar Gupta, New Delhi-110055 C/o M/s Radheshyam Sharma & Co., Chartered Accountants, 351, IIIrd Floor, Aggarwal Modern Bazar, Lawrence Road, Indl. Area, New Delhi-110035 (APPELLANT) (RESPONDENT) PAN No. AASCS6467N Assessee by : None Revenue by : Sh. Om Parkash, Sr. DR Date of Hearing: 30.09.2025 Date of Pronouncement: 30.09.2025 ORDER Per Satbeer Singh Godara, Judicial Member: These assessee’s twin appeals in & 828/Del/2025 for Assessment Years 2014-15 & 2015-16, arise against the CIT(A)-24, New Delhi’s DIN & order No. ITBA/APL/M/250/2024-25/1071267373(1) & 1071267052(1) dated 16.12.2024, in proceedings u/s 147 r.w.s. 143(3) of the Income Tax Act, 1961 (in short “the Act”), respectively.
Cases called twice. None appears at the assessee’s behest. It is accordingly proceeded ex-parte.
& 828/Del/2025 Super Bazar Stores Pvt. Ltd. 3. Learned Sr. DR Om Parkash vehemently argues during the course of hearing that both the lower authorities had rightly set into motion section 148/147 proceedings against the assessee as it’s taxable income liable to be assessed in both these assessment years 2014-15 and 2015-16 had escaped assessment in corresponding section 153C r.w.s. 143(3) assessments framed on 31.112.2018.
We have given our thoughtful consideration to the assessee’s pleadings all along and the department’s foregoing vehement contentions. We note that the impugned reopening itself forming subject matter of adjudication before us has no legs to stand. This is for the precise reason that this tribunal learned co-ordinate bench order in the assessee’s appeal for assessment year 2014-15 decided on 09.04.2025 has already quashed the lower authorities’ action initiating section 153C proceedings as well as the assessment framed thereunder, as non-est in the eyes of law. This clinching factual position has gone un-rebutted from the Revenue side. We thus hold in this factual backdrop that once the impugned assessment itself has been quashed, any proceedings initiated to reopen the same has no legs to stand as per sublato fundamento cadit opus; and, therefore, we hereby annul the same in very terms. Ordered accordingly. since involving identical set of facts and issues raised herein.
All other remaining pleadings between the parties stand rendered academic.
These assessee’s twin appeals & 828/Del/2024 are allowed in above terms. A copy of this common order be placed in the respective case files. Order Pronounced in the Open Court on 30/09/2025. Sd/- Sd/- (Manish Agarwal) (Satbeer Singh Godara) Accountant Member Judicial Member Dated: 30/09/2025 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR
`