Bijaya Tah Vs ITO Ward-2(4), Burdwan
Case No: ITA No.405/KOL/2025
Court: INCOME TAX APPELLATE TRIBUNAL “A” BENCH, KOLKATA
Date: 12/10/2025
Parties Involved
appellantBijaya Tah
respondentITO Ward-2(4), Burdwan
Facts Summary
The assessee, Bijaya Tah, filed an appeal against the orders of the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 25.12.2024 for the assessment year 2015-2016. The assessee had claimed exemption under section 10(38) of the Act for certain shares of Kailash Auto Groups amounting to Rs.35,05,477/-. This claim was initially rejected by the Assessing Officer (AO) but was allowed by the Income Tax Appellate Tribunal (ITAT). However, the High Court reversed the ITAT's decision, disa…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the penalty under section 271(1)(c) of the Act is leviable given the contradictory decisions on the exemption claim under section 10(38) of the Act.
Precedents Relied Upon
3 precedents cited in this judgement.