← All Phrases

“reassessment proceedings”

ReassessmentSections 147-151Sections 147-1518,150 judgments

The decision most relied on for reassessment proceedings is CIT v. Kelvinator of India Ltd. (320 ITR 561), cited in 1,673 judgments on BharatTax.

Leading authorities on reassessment proceedings

CIT v. Kelvinator of India Ltd.
320 ITR 561 · 2010 · Supreme Court
1,673
citing judgments

An Assessing Officer cannot initiate reassessment proceedings under Section 147 of the Income Tax Act based on a mere change of opinion. Reassessment is permissible only when there is fresh tangible material leading to the belief of income escapement, not merely a review of existing facts.

GKN Driveshafts (India) Ltd. v. ITO
259 ITR 19 · 2003 · Supreme Court
1,349
citing judgments

When a notice under Section 148 of the Income Tax Act is issued, the Assessing Officer is bound to furnish reasons for reopening upon the assessee's request and must dispose of the assessee's objections to the notice by passing a speaking order.

ACIT v. Rajesh Jhaveri Stock Brokers Pvt. Ltd.
291 ITR 500 · 2007 · Supreme Court
1,030
citing judgments

For initiating reassessment proceedings under Section 147, the Assessing Officer needs only prima facie material providing a reason to believe that income has escaped assessment. Conclusive proof or the sufficiency/correctness of the material is not required at the stage of issuing the notice under Section 148.

Raymond Woollen Mills Ltd. v. ITO
236 ITR 34 · 1999 · Supreme Court
862
citing judgments

For reassessment proceedings under Section 148, the Assessing Officer only needs prima facie material to have a reason to believe income has escaped assessment. Conclusive proof or evaluation of the sufficiency and correctness of such material is not required at the stage of issuing the notice.

ITO v. Lakhmani Mewal Das
103 ITR 437 · 1976 · Supreme Court
721
citing judgments

For reassessment proceedings, the 'reason to believe' that income has escaped assessment must be based on some material and not mere suspicion, establishing a live link between the information and the belief. Furthermore, for reassessment beyond four years, there must be a specific finding of the assessee's failure to disclose fully and truly all material facts.

Hindustan Lever Ltd. v. R.B. Wadkar
268 ITR 332 · 2004 · High Court
695
citing judgments

The validity of reassessment proceedings initiated under Section 147, by issuing a notice under Section 148, must be judged solely on the reasons originally recorded by the Assessing Officer. These recorded reasons cannot be supplemented, improved upon, or modified at any later stage.

PCIT v. Meenakshi Overseas Pvt. Ltd.
395 ITR 677 · 2017 · High Court
471
citing judgments

Reassessment proceedings initiated solely based on an investigation wing/appraisal report, without the Assessing Officer's independent application of mind to form a 'reason to believe' that income has escaped assessment, are beyond jurisdiction, bad in law, and void ab initio.

Ranbaxy Laboratories Ltd. v. CIT
336 ITR 136 · 2011 · High Court
398
citing judgments

In reassessment proceedings under Section 147/148, the Assessing Officer can assess other income not specified in the original notice if the initial ground for reopening assessment is found to be valid. However, if the income for which the assessment was initially reopened is found not to have escaped assessment, the Assessing Officer cannot proceed to assess any other income.

Judgments citing reassessment proceedings

Pushp Lata Gautam, New Delhi vs. ITO Ward-69(1), New Delhi

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 2198/DEL/2023[2011-12]Status: DisposedITAT Delhi10 May 2024AY 2011-12

Bench: Shri Pradip Kumar Kedia & Shri Sudhir Kumar

For Respondent: Shri Vivek Vardhan, Sr.DR
Section 144Section 147Section 148Section 250(6)

counsel thereafter adverted to the first appellate order and submitted that the compliance to certain notices issued in the course of reassessment proceedings were admittedly not made. Four out of five notices were issued within a span of one month and the assessee could not comply with such notices being

Prakhar Dalmia, New Delhi vs. ACIT Circle-34(1), New Delhi

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

ITA 3325/DEL/2019[2014-15]Status: DisposedITAT Delhi10 May 2024AY 2014-15

Bench: Us & Prayed That Additional

Section 10(38)Section 127Section 132Section 143(2)Section 143(3)Section 153ASection 68Section 69C

notice issued u/s 148 on 22.03.3013 and submitted that thereafter a search and seizure action u/s 132(1) was carried on 16.05.2013 when the reassessment proceedings were pending and consequently the same stood abated and merged with the assessment proceedings u/s 153A of the Act. The assessee raised this ground ... ground while passing the impugned order. 6. On the other hand, Id. DR has not disputed the relevant facts including the fact that the reassessment proceedings u/s 147 of the Act were pending on the date of search le. 16.05.2013, however, he has relied upon the orders of the authorities

Ramotar Choudhari HUF, Kolkata vs. PCIT 5 Kolkata, Kolkata

In the result, the appeal of the assessee stands allowed

ITA 1336/KOL/2023[2013-14]Status: DisposedITAT Kolkata09 May 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.1336/Kol/2023 Assessment Year : 2013-14 Ramotar Choudhari Huf.……..…………............…...……………....Appellant 7Th Floor, R.N 25 Fortuna Tower, 23A N.S. Road, Kolkata-1. [Pan: Aanhr9093K] Vs. Pcit-5, Kolkata………….…...............................................…..…..... Respondent Appearances By: Shri S. K. Pransukha, Fca, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 06, 2024 Date Of Pronouncing The Order : May 09, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Revision Order Dated 18.10.2023 Of The Principal Commissioner Of Income Tax, Kolkata [Hereinafter Referred To As ‘Pr. Cit’] Passed U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Agitated Against The Action Of The Pr. Cit In Exercising His Revision Jurisdiction U/S 263 Of The Act & Thereby Directing The Assessing Officer To Frame The Assessment Afresh. 2. The Brief Facts Of The Case Are That The Assessee Filed Return Of Income For The Year Under Consideration Declaring Total Income Of Rs.2,55,970/- On 21.01.2014. Thereafter, An Information Was Received By The Assessing Officer From Investigation Wing That The Assessee Has

Section 10(38)Section 142(1)Section 147Section 263

ITAT has decided the issue of LTCG on the same scrip in favour of assessee. 6.1 The assessee has further submitted that during the reassessment proceedings he has filed supporting evidences of genuine exempt income u/s 10(38) and has also attended the video conference and merely a third-party ... notice I.T.A. No.1336/Kol/2023 Assessment Year : 2013-14 Ramotar Choudhari HUF issued by him u/s 142(1) of the Act in the course of reassessment proceedings. Apart from that, the assessee also furnished details and evidences before the NFAC relating to the claim of exemption of long term capital gain

Goldman Sachs International, C/O Ernst and Young LLP Mumbai vs. Joint Commissioner of Income-Tax (OSD) (International Taxation) - 1(1), Bangalore

In the result, appeals filed by the assessee are partly allowed

ITA 565/BANG/2024[AY 2014-15]Status: DisposedITAT Bangalore09 May 2024

Bench: Shri George George K & Shri Waseem Ahmed

For Appellant: Shri. Hiten Thakkar, AdvocateFor Respondent: Shri. Satish Meriga, CIT (DR)(ITAT), Bengaluru
Section 143(3)Section 147Section 148Section 271(1)(c)

invalid and void ab initio. 2. The learned AO has on the facts and circumstances of the case and in law, erred in initiating reassessment proceedings under section 147 of the Act. 3. The learned AO has on the facts and circumstances of the case and in law. erred ... granting an opportunity of being heard pursuant to passing of order disposing objections against the reassessment proceedings and accordingly, the principles of natural justice have not been followed. 4. The learned AO has on the facts and circumstances of the case and in law. without issuing any show cause notice

Goldman Sachs International, C/O Ernst Young LLP, Mumbai vs. Joint Commissioner of Income-Tax (OSD) (International Taxation) - 1(1), Bangalore

In the result, appeals filed by the assessee are partly allowed

ITA 564/BANG/2024[AY 2013-14]Status: DisposedITAT Bangalore09 May 2024

Bench: Shri George George K & Shri Waseem Ahmed

For Appellant: Shri. Hiten Thakkar, AdvocateFor Respondent: Shri. Satish Meriga, CIT (DR)(ITAT), Bengaluru
Section 143(3)Section 147Section 148Section 271(1)(c)

invalid and void ab initio. 2. The learned AO has on the facts and circumstances of the case and in law, erred in initiating reassessment proceedings under section 147 of the Act. 3. The learned AO has on the facts and circumstances of the case and in law. erred ... granting an opportunity of being heard pursuant to passing of order disposing objections against the reassessment proceedings and accordingly, the principles of natural justice have not been followed. 4. The learned AO has on the facts and circumstances of the case and in law. without issuing any show cause notice

Harish Tyagi, Muradnagar, Ghaziabad vs. Income Tax Officer, Ward-1(3), Ghaziabad

In the result, the appeal of the assessee is allowed

ITA 2727/DEL/2023[2011-12]Status: DisposedITAT Delhi09 May 2024AY 2011-12

Bench: Sh. Kul Bharatdr. B. R. R. Kumar

For Appellant: Sh. Ved Jain, Adv. &For Respondent: Sh. Om Parkash, Sr. DR
Section 143(2)Section 151Section 69A

learned CIT(A), ITD has erred both on facts and in law in rejecting the contention of the assessee that the initiation of the reassessment proceedings and the reassessment order are bad 2 Harish Tyagi both on facts and in law and liable to be quashed as the statutory conditions ... learned CIT(A), ITD has erred, both on facts and in law, in confirming the action of the AO despite the fact that the reassessment proceedings initiated by the learned AO without obtaining valid approval of the prescribed authority under section 151 under

DCIT, Faridabad vs. M/S. Vsb Investment Pvt. Ltd., Faridabad

In the result, the cross objection of the Assessee is allowed whereas the Revenue appeal is dismissed

ITA 467/DEL/2016[2006-07]Status: DisposedITAT Delhi09 May 2024AY 2006-07

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar Us

For Appellant: Shri Amit Sharma, AdvFor Respondent: Shri Vivek Kumar Upadhyay, Sr.DR
Section 143(3)Section 147Section 148Section 68

thus vitiated in law. 12. Ground no. 1 of the cross objection thus succeeds. 13. Needless to say, the reassessment proceedings culminating in reassessment order under challenge, based on invalid and non est notice is a damp squib and without any legal edifice. The adjustments to taxable income made

Patodia Forgings and Gears Limited, Pune vs. Assistant Commissioner of Income Tax, Circle-8, Pune

In the result, the appeal of assessee is treated as allowed for statistical purpose

ITA 343/PUN/2024[2012-13]Status: DisposedITAT Pune08 May 2024AY 2012-13

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Sarvesh KhandelwalFor Respondent: Shri Sourabh Nayak
Section 143(3)Section 144Section 147Section 148Section 32Section 37

file a fresh return made by the Ld. AO, the assessee chose not to do so. The Ld. AO proceeded to complete the reassessment proceedings. He completed the reassessment on total income of Rs.10,53,56,890/- on 28.11.2019 u/s 144 r.w.s. 147 of the Act including therein addition

Venugopal Nimmagadda, Vijayawada vs. Income Tax Officer, Ward-3(3), Vijayawada

In the result, appeal of the assessee is allowed for statistical purpose

ITA 212/VIZ/2022[2012-13]Status: DisposedITAT Visakhapatnam08 May 2024AY 2012-13

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.212/Viz/2022 (ननधधारण वर्ा / Assessment Year : 2012-13) Venugopal Nimmagadda Vs. Income Tax Officer D.No.21-10-29, Flat No.101 Ward-3(3) Anu Heights, 2Nd Lane Vijayawada Srinagar Colony Satyanarayanapuram Vijayawada [Pan : Adapn2791A] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri N.Madhusudhan, ARFor Respondent: Dr.Aparna Villuri, DR
Section 142(1)Section 143(3)Section 147Section 148Section 250

Original Asst. Order Under Sec.143(3) DT.30.03.2015, whereby, the appellants income was estimated at Rs.35,000/- per Acre from “PISI CULTURE ACTIVITY”, the Reassessment proceedings initiated and concluded under sec.143(3) 4 I.T.A. No.212/Viz/2022, A.Y.2012-13 Venugopal Nimmagadda, Vijayawada r.w.s. 147 of the Act for the A.Y.2012-13 and confirmation ... cents in leased fish tanks at Balliparru village, Pedana mandal and in 31.97 cents in Nandamuru Village, Pedana Mandal. The AO initiated reassessment proceedings u/s 147 of the Act on the observation that the assessee took loan from Andhra Bank, Gudiwada Branch for excavation of fish tanks and pisiculture

Hallex Applied Power Pvt Ltd, New Delhi vs. DCIT Circle-11(1), New Delhi

In the result, the appeal of the assessee is partly allowed for statistical purpose

ITA 230/DEL/2021[2010-11]Status: DisposedITAT Delhi08 May 2024AY 2010-11

Bench: Shri Challa Nagendra Prasad & Shri Brajesh Kumar Singh[Assessment Year: 2010-11]

Section 139(1)Section 143(2)Section 147Section 148

suspect'. I have considered the 'reason to believe' recorded by the AO. As per the 'reasons to believe', the AO has initiated the reassessment proceedings, as the appellant has not filed the return of income, even though, the information from ITD and ITBA systems shows that the appellant company ... return of income, inspite of the fact that substantial revenue was earned by appellant company on which TDS was also deducted. Thus the reassessment proceedings were initiated to assess the income of the appellant which has escaped assessment on account of non-filing of return of income

Deepak Switch Gears Pvt. Ltd., Kolkata vs. PCIT, Asansol

In the result, the appeal of the assessee stands allowed

ITA 809/KOL/2023[2012-13]Status: DisposedITAT Kolkata07 May 2024AY 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.809/Kol/2023 Assessment Year: 2012-13 Deepak Switch Gears Pvt. Ltd….…......................…...……………....Appellant 48/6, Suman Villa, 2Nd Floor, 155, Jessore Road, Kolkata-700055. [Pan: Aabcd1131H] Vs. Pcit, Asansol….....….........................................................…..…..... Respondent Appearances By: Shri A. K. Tibrewal, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 08, 2024 Date Of Pronouncing The Order : May 07, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Revision Order Dated 30.12.2022 Of The Principal Commissioner Of Income Tax, Kolkata [Hereinafter Referred To As ‘Pr. Cit’] Passed U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Agitated Against The Action Of The Pr. Cit In Exercising His Revision Jurisdiction U/S 263 Of The Act & Thereby Directing The Assessing Officer To Frame The Assessment Afresh. 2. The Registry Has Pointed Out That The Appeal Is Time-Barred By 158 Days. A Separate Application Of Condonation Of Delay Has Been Filed, Wherein, It Has Been Pleaded That After Receipt Of The Impugned Order Of The Pr. Cit, The Assessee, Through Its Director, Shri Deep Kishan Saraf, Immediately Approached One Shri Pawan Kumar Agarwal, Chartered

Section 253Section 263Section 5

well as in course of re-assessment proceedings u/s 147/148 of the Act. It is pertinent to submit that the reassessment proceedings were initiated pursuant to report of the Investigation Wing alleging issue of shares by the assessee company through accommodation entries. 3. The Assessing Company submits that, in such ... with annexures before the Assessing Officer in response to the notice issued by him u/s 142(1) of the Act in the course of reassessment proceedings. That the said M/s Swiss Progressive Products Pvt. Ltd. also responded to the notice issue u/s 133(6) of the Act and duly filed

ITO, Ward-6(1), Kolkata vs. M/S Daniel Commodities Pvt. Ltd., Kolkata

ITA 645/KOL/2020[2009-10]Status: DisposedITAT Kolkata07 May 2024AY 2009-10

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.645/Kol/2020 Assessment Year: 2009-10 Ito, Ward-6(1), Kolkata………..…….......................…...……………....Appellant Vs. M/S Daniel Commodities Pvt. Ltd…..........…..........................…..…..... Respondent 6, Lyons Range, Kolkata – 1. [Pan: Aaccd9344F] C.O. 4/Kol/2023 (A/O I.T.A. No.645/Kol/2020) Assessment Year: 2009-10 M/S Daniel Commodities Pvt. Ltd…………….....................…..…..... Cross-Objector 6, Lyons Range, Kolkata – 1. [Pan: Aaccd9344F] Vs Ito, Ward-6(1), Kolkata …………….......................…...……………....Respondent Appearances By: Shri Abhijit Kundu, Cit-Dr, Advocate, Appeared On Behalf Of The Department. Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : February 23, 2024 Date Of Pronouncing The Order : May 07, 2024

Section 143(1)Section 144Section 147Section 148Section 151Section 250Section 263

PCIT in ITA No. 4749/D/2019 dated 31.12.2019 (ITAT, Delhi) “6. We have considered the rival submissions. It is well settled Law that since reassessment proceedings are invalid and bad in law, therefore, such proceedings could not be revised under section 263 of the I. T. Act. It is also well ... principle of 'coram non judice' and following aforesaid judgments of the supreme court, it was held that if an assessee seeks to challenge the reassessment proceedings as being without jurisdiction, when action for rectification is sought to be taken on the assumption of the validity of the reassessment order, then

Harshal Suresh Karvir, Palghar vs. National Faceless Assessment Centre, Delhi

In the result, appeal of the assessee is allowed for statistical purposes

ITA 4478/MUM/2023[2013-14]Status: DisposedITAT Mumbai07 May 2024AY 2013-14

Bench: Shri Vikas Awasthy (Jm) & Shri Amarjit Singh (Am)

Section 144Section 147

framed at the back of assessee. The assessee did not receive any notice/intimation regarding reopening of assessment. Hence, the assessee could not participate in reassessment proceedings. 2 Harshal Suresh Karvir 3. Per contra, Shri Krishna Kumar representing the Department strongly supported the impugned order and prayed for dismissing appeal

Unicorn Infoservices Private Limited, Mumbai vs. National Faceless Appeals Centre, New Delhi

In the result, the regular ground raised by the

ITA 4190/MUM/2023[2011-12]Status: DisposedITAT Mumbai06 May 2024AY 2011-12

Bench: Shri Om Prakash Kant () & Shri Narender Kumar Choudhry () Assessment Year: 2011-12

For Appellant: Mr. Vickey Chedda/Mr. Jainam GalaFor Respondent: 02/05/2024
Section 148Section 271(1)(c)Section 274

filed filed filed for for for the the the year year year under under under consideration. consideration. consideration. The The The reassessment proceedings were initiated by way of issue of notice reassessment proceedings were initiated by way of i reassessment proceedings were initiated ... Company Affairs (MCA) portal. of Ministry of Company Affairs (MCA) portal. The ld Counsel The ld Counsel submitted that during the course of reassessment proceedings , during the course of reassessment proceedings , during the course of reassessment proceedings , a show cause notice was served by the AO on the address

Pankaj Kumar Kasera, New Delhi vs. ITO Ward - 46(2), New Delhi

In the result, appeal of the assessee is partly allowed

ITA 5898/DEL/2019[2010-11]Status: DisposedITAT Delhi06 May 2024AY 2010-11

Bench: Shri Saktijit Dey & Shri M. Balaganeshasstt. Yr: 2010-11

Section 143(3)Section 147

earned a net profit of Rs. 8,11,963/. and gross profit of Rs 66 ,76,736/-. During the course of reassessment proceedings, the assessee was asked to provide justification for the expenses incurred and debited to Profit & Loss A/c. Thereafter, the assessee filed detailed replies and also submitted ... ITRs of such lenders of unsecured loans 3 4.1 However, ignoring the replies and documents furnished by the assessee during the course of reassessment proceedings, Ld. AO vide order dated 31.12.2017 made a disallowance of expenditure amounting to Rs.58,64,773/- alleging that the assessee has not provided proof

Gillanders Arbuthnot and Co. Ltd, 2009-10 vs. ACIT, Cir-4(1), Kol, Kolkata

The appeal of the assessee is allowed

ITA 495/KOL/2023[2014-15]Status: DisposedITAT Kolkata03 May 2024AY 2014-15

Bench: Dr. Manish Borad & Shri Sonjoy Sarma

Section 115JSection 133(6)Section 143(3)Section 147Section 148

submitted that reopening of assessment are bad in law and there is no application of mind by the ld. Assessing Officer before initiating the reassessment proceeding. As far as merits of the case are concerned, he submitted that complete details of purchases, invoice copy, copy of excise declaration, road permit ... Assessment Years: 2009-10, 2013-14 & 2014-2015 Gillanders Arbuthnot And Co. Limited notice was returned unserved. It means that on one hand, reassessment proceedings have been carried out on the basis of information about S.R. Sales Corporation and the surprisingly same information is reconfirmed with S.R. Sales. Revenue authorities

Gillanders Arbuthnot and Co. Ltd, 2009-10 vs. ACIT, Cir-4(1), Kol, Kolkata

The appeal of the assessee is allowed

ITA 494/KOL/2023[2013-14]Status: DisposedITAT Kolkata03 May 2024AY 2013-14

Bench: Dr. Manish Borad & Shri Sonjoy Sarma

Section 115JSection 133(6)Section 143(3)Section 147Section 148

submitted that reopening of assessment are bad in law and there is no application of mind by the ld. Assessing Officer before initiating the reassessment proceeding. As far as merits of the case are concerned, he submitted that complete details of purchases, invoice copy, copy of excise declaration, road permit ... Assessment Years: 2009-10, 2013-14 & 2014-2015 Gillanders Arbuthnot And Co. Limited notice was returned unserved. It means that on one hand, reassessment proceedings have been carried out on the basis of information about S.R. Sales Corporation and the surprisingly same information is reconfirmed with S.R. Sales. Revenue authorities

Gillanders Arbuthnot and Co. Ltd, 2009-10 vs. ACIT, Cir-4(1), Kol, Kolkata

The appeal of the assessee is allowed

ITA 493/KOL/2023[2009-10]Status: DisposedITAT Kolkata03 May 2024AY 2009-10

Bench: Dr. Manish Borad & Shri Sonjoy Sarma

Section 115JSection 133(6)Section 143(3)Section 147Section 148

submitted that reopening of assessment are bad in law and there is no application of mind by the ld. Assessing Officer before initiating the reassessment proceeding. As far as merits of the case are concerned, he submitted that complete details of purchases, invoice copy, copy of excise declaration, road permit ... Assessment Years: 2009-10, 2013-14 & 2014-2015 Gillanders Arbuthnot And Co. Limited notice was returned unserved. It means that on one hand, reassessment proceedings have been carried out on the basis of information about S.R. Sales Corporation and the surprisingly same information is reconfirmed with S.R. Sales. Revenue authorities

M D Diesel Spares, Howrah vs. ITO, Ward-47, Kolkata

In the result, the appeal of the assessee stands allowed

ITA 1430/KOL/2023[2012-2013]Status: DisposedITAT Kolkata03 May 2024AY 2012-2013

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A No.1430/Kol/2023 Assessment Year: 2012-13 M D Diesel Spares………..………………………… ........................……Appellant 7/12, Kings Road, Howrah-711101. [Pan: Aakfm7649F] Vs. Ito, Ward-47(2), Kolkata..................…................…........……...…..…..Respondent Appearances By: Shri A. K. Tibrewal & Saurabh Gupta, Ar, Appeared On Behalf Of The Appellant. Shri Prabir Gupta Choudhury, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 26, 2024 Date Of Pronouncing The Order : May 03, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 28.10.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Agitated Against The Addition Of Rs.18,85,520/- Made By The Assessing Officer U/S 69C Of The Act On Account Of Bogus Purchases. 3. The Brief Facts Of The Case Are That The Assessee Firm Is Involved In The Business Of Spare Parts Of The Machinery. The Assessee Firm For The Year Under Consideration Filed Its Return Of Income Declaring A Total Income Of Rs.45,150/-. The Said Return Was Processed U/S 143(1) Of The

Section 143(1)Section 147Section 250Section 271(1)(c)Section 69C

consideration. The assessment of the assessee on the basis of the aforesaid information was reopened u/s 147 r.w.s. 148 of the Act. During the reassessment proceedings, the assessee submitted various documents such as bills, VAT returns, purchase inputs etc. The assessee also claimed that the entire payments were made through

Vasant Parasmal Mehata, Vijayapura vs. The Income Tax Officer Ward-1, Vijaypur

In the result, appeal of the assessee is allowed for statistical purposes

ITA 390/BANG/2024[2014-15]Status: DisposedITAT Bangalore03 May 2024AY 2014-15

Bench: Shri George George K & Shri Laxmi Prasad Sahuassessment Year : 2014-15 Shri. Vasant P Mehata, Ito, Prop Of Mehata Parasmal Giridharilal, Ward – 1, Kaladagi Galli, Bijapur, Vs. Vijayapur. Vijayapura – 586 101. Pan : Acamp6257 D Appellant Respondent Assessee By : Ms. Preethi S. Patel, Advocate Revenue By : Shri. Subramanian S, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 30.04.2024 Date Of Pronouncement : 03.05.2024

For Appellant: Ms. Preethi S. Patel, AdvocateFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bengaluru
Section 139(1)Section 147Section 148Section 69Section 69A

return of income on 13.12.2020 declaring income of Rs.7,06,160/-. Subsequently, other statutory notices were issued to the assessee. During the course of reassessment proceedings, the AO observed that assessee has increased total sales of Rs.1,53,72,769/- whereas the same was disclosed ... fresh consideration. 7. Learned DR relied on the order of the lower authorities. 8. Considering the rival submissions, we note that during the reassessment proceedings, the Revenue authorities observed that the sales figures shown in the original return filed under section 139(1) of the Act and return filed