Case Number: ITA 5813/DEL/2019
Appellant: Ganesh Gupta HUF, New Delhi
Respondent: ITO Ward 31(4), New Delhi
Assessment Year: 2011-12
Result: Reassessment proceedings quashed
Case Filed on: 2019-07-04
Order Type: Final Tribunal Order
Date of Order: 2022-05-26
Pronounced on: 2022-05-26
The appeal filed by Ganesh Gupta HUF for the assessment year 2011-12 was directed against the order of the Income Tax Officer (ITO) Ward 31(4), New Delhi. The primary issue in this appeal was the reassessment proceedings initiated by the ITO under Section 147/148 of the Income Tax Act, 1961.
Ganesh Gupta HUF filed an appeal challenging the reassessment proceedings initiated under Section 147/148 of the Income Tax Act. The appellant contended that the reassessment was without jurisdiction, mechanical, and based on borrowed satisfaction. The appellant also argued that the reassessment proceedings were initiated on the basis of incorrect facts.
The appellant raised several grounds of appeal, including:
The appellant was represented by Shri Raj Kumar, CA, and Shri J. P. Sharma, AR. The Department was represented by Shri Om Parkash, Sr. DR. The appellant’s counsel argued that the reassessment proceedings were identical to those in the case of Rajesh Gupta (HUF) vs. ITO, which had already been quashed by the Tribunal.
The Department’s representative, Shri Om Parkash, Sr. DR, supported the orders of the authorities below.
The Tribunal observed that the reasons recorded for reopening the assessment in the case of Ganesh Gupta HUF were identical to those in the case of Rajesh Gupta (HUF). The Tribunal had previously quashed the reassessment proceedings in the case of Rajesh Gupta (HUF) on the grounds that the reopening was based on incorrect facts and borrowed satisfaction without independent application of mind.
Based on the identical nature of the cases and the previous decision in the case of Rajesh Gupta (HUF), the Tribunal quashed the reassessment proceedings initiated against Ganesh Gupta HUF. The Tribunal held that the reassessment was not in accordance with the law and therefore, invalid.
Order Pronounced in Open Court on 26th May, 2022.
Signed:
Challa Nagendra Prasad, Judicial Member
Dated: 26th May, 2022
Date of Hearing: 19.05.2022
Date of Pronouncement: 26.05.2022
By Order
Assistant Registrar, ITAT, New Delhi
Ganesh Gupta HUF vs ITO Ward 31(4): Reassessment Proceedings Quashed
Manage the increasing number of hearings effortlessly by leveraging the legal AI revolution We are India's Leading revolutionary AI-powered legal platform where you can get enough insights into top cases and judgements.
Research Platform