Bhavesh Sharma Vs. ITO-1(3), Bhilai

Parties Involved

Facts Summary

Bhavesh Sharma, the assessee, filed an appeal against the order passed by the Commissioner of Income-Tax (Appeals), National Faceless Appeal Center (NFAC), Delhi, dated 25.06.2024. The order arose from the reassessment order passed by the Assessing Officer (AO) under Section 143(3)/147 of the Income-tax Act, 1961 for the assessment year 2017-18. The AO had determined the income of the assessee at Rs.11 lacs after making an addition of Rs.11 lacs under Section 69A of the Act, which the assessee claimed was sourced from his agricultural income. The assessee had filed his return of income on 04.12.2019 declaring an income of Rs.8,135/- along with agricultural income of Rs.8,93,250/-. The AO had issued a Show Cause Notice (SCN) dated 14.12.2019 to the assessee to provide documentary evidence to substantiate his claim of agricultural income. The assessee had uploaded his reply along with annexures on 15.12.2019, but the AO did not consider this reply, leading to the addition of Rs.11 lacs. The assessee appealed to the Commissioner of Income-Tax (Appeals), but the appeal was dismissed. The assessee then appealed to the Income Tax Appellate Tribunal.…

Legal Issues

• 1. Whether the AO erred in not considering the assessee's reply and making an addition of Rs.11 lacs under Section 69A of the Act.
• 2. Whether the reassessment order is illegal and void for not containing the DIN.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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