Maya Debi Bansal v. CIT

Gold Spice Impex, Delhi vs. Income Tax Officer, Ward-47(2), Delhi

In the result, the appeal filed by the assessee is partly allowed

Bench: Shris.Rifaur Rahman & Shri Vimal Kumarm/S. Gold Spice Impex, Vs. Ito, Ward 47 (2), 1879, Kucha Chelian, Khari Boali, Delhi. Delhi – 110 006. (Pan : Aapfg0688P) (Appellant) (Respondent) Assessee By :Shri Rakesh Gupta, Advocate Shri Deepesh Garg, Advocate Revenue By : Shri Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing : 26.08.2025 Date Of Order : 21.11.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 17.01.2024 For The Assessment Year 2017-18 Raising Following Grounds Of Appeal :- “1. That Having Regard To The Facts & Circumstances Of The Case, Ld. Cit(A) Has Erred In Law & On Facts In Confirming The Action Of Ld. Ao In Making Aggregate Addition Of Rs.1,15,00,000/- On Account Of Cash Deposits U/S 68 & Taxing The Same U/S 115Bbe & That Too By Recording Incorrect Facts & Findings & Without Following The Principles Of Natural Justice.

…also proves that there was no non-compliance of any material requirement because if there had been any non-compliances alleged, assessment order could not have been passed u/s 143(3) as held by Hon’ble High Court in the case of Maya Debi Bansal vs. CIT, (1979)117 ITR 125 (Cal). 4. Non-compliance of summon could have led at best, to imposition of penalty which too has not been imposed in the instant case which proves that there was no non-compliance as alleged, as to the material thing which had bearing on the issue at hand. 5. Ld. Dr has mentioned in his submissions about the non-filing of details in particular f…

Pme Power Solutions India Ltd, New Delhi vs. Deputy Commissioner of Income Tax, New Delhi

In the result, both the appeal of the assessee are allowed

Bench: Shri M. Balaganesh & Shri Vimal Kumar

…he same section, the Income- tax Officer must make an assessment under this provision." 44 The same view has been expressed by the various High Courts and Tribunals relied upon by the Id. Counsel in the following decisions: a. Maya Debi Bansal v. CIT [1979] 117 ITR 125 (Calcutta HC); b. Prabhat Mills Stores Co. Ltd. [1966] 59 ITR 197 (Calcutta)[21-01- 1964]; c. CIT v Laxminarain Badridas [1937] 5 ITR 170 (Privy Council)[19-02- 1937] d. Gulab Badgujar (HUF) v. Income Tax Officer [2019] 179 ITD 807 (Pune - Trib.) e. Commissioner of Income-tax, Chennai v. T. Rangroopchand Chordia [2016] 241 Taxman 221 (Madras HC)…

Pme Power Solutions India Ltd, New Delhi vs. Dy. Commissioner of Income Tax, New Delhi

In the result, both the appeal of the assessee are allowed

Bench: Shri M. Balaganesh & Shri Vimal Kumar

…he same section, the Income- tax Officer must make an assessment under this provision." 44 The same view has been expressed by the various High Courts and Tribunals relied upon by the Id. Counsel in the following decisions: a. Maya Debi Bansal v. CIT [1979] 117 ITR 125 (Calcutta HC); b. Prabhat Mills Stores Co. Ltd. [1966] 59 ITR 197 (Calcutta)[21-01- 1964]; c. CIT v Laxminarain Badridas [1937] 5 ITR 170 (Privy Council)[19-02- 1937] d. Gulab Badgujar (HUF) v. Income Tax Officer [2019] 179 ITD 807 (Pune - Trib.) e. Commissioner of Income-tax, Chennai v. T. Rangroopchand Chordia [2016] 241 Taxman 221 (Madras HC)…

Om Prakash Jakhotia, Telangna vs. ACIT, CC-26, New Delhi

The appeals of the assessee are allowed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

…cer to pass a best judgment assessment order u/s 23(4) of the Income Tax Act, 1922 in case of failure of the assessee to file the return of income. He also relied on the decision of the Hon’ble Calcutta High Court in the case of Maya Debi Bansal v. CIT [1979] 117 ITR 125 which held that the provisions of sections 143 and 144 cannot be said to be in pari materia and the provisions for filing the return in the proper form are statutory and mandatory in nature. If no return in the proper form having been filed, the assessment could not have been made under section 143(3). Reliance was also placed on the following de…

Om Prakash Jakhotia, Telangna vs. ACIT, CC-26, New Delhi

The appeals of the assessee are allowed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

…cer to pass a best judgment assessment order u/s 23(4) of the Income Tax Act, 1922 in case of failure of the assessee to file the return of income. He also relied on the decision of the Hon’ble Calcutta High Court in the case of Maya Debi Bansal v. CIT [1979] 117 ITR 125 which held that the provisions of sections 143 and 144 cannot be said to be in pari materia and the provisions for filing the return in the proper form are statutory and mandatory in nature. If no return in the proper form having been filed, the assessment could not have been made under section 143(3). Reliance was also placed on the following de…

Om Prakash Jakhotia, Telangna vs. ACIT, CC-26, New Delhi

The appeals of the assessee are allowed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

…cer to pass a best judgment assessment order u/s 23(4) of the Income Tax Act, 1922 in case of failure of the assessee to file the return of income. He also relied on the decision of the Hon’ble Calcutta High Court in the case of Maya Debi Bansal v. CIT [1979] 117 ITR 125 which held that the provisions of sections 143 and 144 cannot be said to be in pari materia and the provisions for filing the return in the proper form are statutory and mandatory in nature. If no return in the proper form having been filed, the assessment could not have been made under section 143(3). Reliance was also placed on the following de…

Om Prakash Jakhotia, Telangna vs. ACIT, CC-26, New Delhi

The appeals of the assessee are allowed

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

…cer to pass a best judgment assessment order u/s 23(4) of the Income Tax Act, 1922 in case of failure of the assessee to file the return of income. He also relied on the decision of the Hon’ble Calcutta High Court in the case of Maya Debi Bansal v. CIT [1979] 117 ITR 125 which held that the provisions of sections 143 and 144 cannot be said to be in pari materia and the provisions for filing the return in the proper form are statutory and mandatory in nature. If no return in the proper form having been filed, the assessment could not have been made under section 143(3). Reliance was also placed on the following de…

Flovel Energy Pvt Ltd, New Delhi vs. ACIT Circle-9(1), New Delhi

In the result, the appeal filed by the assessee is allowed

…he Tribunal for the preceding assessment year has to be followed and the assessment order has to be quashed for non-issuance of notice u/s 143(2). Referring to the decision of the Hon'ble Calcutta High Court in the case of Mayadevi Bansal vs. CIT, reported in 117 ITR 125, he submitted that the proposition laid down by the Hon'ble High Court is that in absence of non-filing of the return, assessment has to be completed u/s 144. It has further been held that even if the return has been filed in a wrong form, the assessment cannot be made u/s 143(3) and it has to be passed u/s 144 of the Act. Therefore, the Asses…