KASTURI MEDICAL CENTRE PRIVATE LIMITED,JOKA, THAKURPUKUR vs. ADDITIONAL/JOINT/DEPUTY/ASSISSTANT COMMISSIONER OF INCOME TAX/INCOME-TAX OFFICER, DELHI
In the result the appeal of the assessee is allowed
ITA 318/KOL/2025[2018-19]Status: DisposedITAT Kolkata12 Dec 2025AY 2018-19
Bench: Shri Manunatha G & Shri Sonjoy Sarmai.T.A. No.318/Kol/2025 Assessment Year: 2018-19 Kasturi Medical Centre Pvt. Ltd……………….................................……….…Appellant 5, Diamond Harbour Road, 3A Bus Stand, Joka, Thakurpukur, W.B – 700104. [Pan: Aacck1872F] Vs. Acit, Nfac, Delhi…….…………..…………….…..….......……..…...…..…..Respondent Appearances By: Shri Indernil Banerjee, Fca, Appeared On Behalf Of The Revenue. Shri Soumitra Ghosh, Sr. Dr, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : September 16, 2025 Date Of Pronouncing The Order : December 12, 2025 Order Per Sonjoy Sarma: This Appeal Is Filed By The Assessee Against The Order Of The Learned Cit(A) Passed For The Assessment Year 2018–19, Whereby The Addition Of ₹85,40,911 Made By The Assessing Officer On Estimated Basis After Rejection Of Books Of Account Under Section 145(3) Of The Income-Tax Act, 1961 Was Confirmed. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For Ay 2018–19 Declaring Total Income Of ₹2,05,59,220. The Case Was Selected For Complete Scrutiny Under The Scrutiny Assessment Scheme, 2019, Primarily On The Issue Of Large Refund Claimed Out Of Advance Tax. Accordingly, Notices Under Section 143(2) & Section 142(1) Of The Act Along With Questionnaires Were Duly Issued & Served.
Section 142(1)Section 143(2)Section 145(3)
…CIT (2015) 379 ITR 347 (SC), where it was emphasised that once nexus with business purpose is shown, no disallowance is permissible merely because the Revenue perceives the quantum as excessive. Most recently, the Supreme Court in Shiv Raj Gupta v. CIT (2020) 425 ITR 420 (SC) reiterated that the perception of the Assessing Officer cannot override the commercial realities as assessed by the assessee, and that the Revenue cannot second-guess or re-characterise a bona fide transaction negotiated at arm's length. Accordingly, any attempt by the Assessing I.T.A. No.318/Kol/2025 Kasturi Medical Centre Pvt. Ltd Officer…
