SH. VARUN GUPTA,CHANDIGARH vs. ITO, W-3(3), CHANDIGARH
What did the Tribunal hold?
The Tribunal held that the CIT(A) failed to address the crucial issue of jurisdiction regarding the reopening of assessment under Section 147. Therefore, the matter was remanded back to the CIT(A) for a fresh decision.
What were the facts?
The assessee claimed to have filed an original return of income for AY 2016-17 on July 4, 2016, while the reasons for reopening the assessment stated no return was filed. The CIT(A) did not adjudicate on this jurisdictional issue.
What were the issues?
Whether the reopening of assessment under Section 147 was valid when the assessee claimed to have filed a return, and whether the CIT(A) erred by not adjudicating this jurisdictional issue.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DIVISION BENCH, “A” CHANDIGARH
Before: SHRI VIKRAM SINGH YADAV& SHRI PARESH M. JOSHI
Accordingly, we set aside the impugned order of Ld. CIT(A) A.Y. 2016-17 7 with directions as aforesaid. We make it clear that the issues now raised by ld. AR of the Assessee as contended before us would not deter the Ld. CIT(A) to pass an order on merits of the case and our observations supra would in no way affect his powers u/s 250 of the Act while hearing and deciding the first appeal. Accordingly, the impugned order is set aside and the appeal is allowed as and by way of remand / denovo.
In the result, appeal of Appellant/Assessee is allowed for statistical purposes.
Order pronounced on 04/06/2024.
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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