Badsha Khan vs. ITO, Ward, Bhadrak

Parties Involved

Facts Summary

This is an appeal filed by the assessee, Badsha Khan, against the order of the Commissioner of Income Tax (Appeals), NFAC, Delhi dated 10.5.2024 for the assessment year 2018-19. The Assessing Officer passed the assessment order under section 147 of the Act, computing the total income of the assessee at Rs.1,99,96,790/-. The assessee filed fresh evidence in the form of a trade license and claimed that his turnover was much lower than what was calculated by the Assessing Officer. The assessee did not represent before the Assessing Officer and did not produce any books of account to justify the source of deposits in his bank accounts. The Commissioner of Income Tax (Appeals) did not consider the trade license and bank account statement as the necessary application under Rule 46A was not filed.…

Legal Issues

• 1. Whether the Assessing Officer correctly computed the total income of the assessee?
• 2. Whether the trade license and bank account statement should be considered?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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