DCIT, CIRLCE-10(1), C.R. BUILDING, I.P. ESTATE, NEW DELHI – 2 (Revenue) vs. Anjani Kumar Goenka (Assessse)

Parties Involved

Facts Summary

The assessee filed his original return of income for the year under consideration on 26.09.2021, disclosing a total income of Rs. 3,57,68,335/-. The case was reopened by issuing a notice under section 148 of the Act dated 30.03.2018. In response, the assessee filed his return of income on 08.10.2018, declaring an income of Rs. 3,57,68,340/-. A search operation was carried out under section 132 of the Act at the premises of the assessee on 26.07.2017. The reasons for issuing the notice under section 148 of the Act were provided on 17.10.2018, and notice under section 143(2) was issued on 04.12.2018. The assessment was completed on 25.12.2018 by making additions of Rs. 13,30,94,093/- and Rs. 1,32,03,892/- based on the evidence found during the search operation.…

Legal Issues

• 1. Whether the Ld. CIT(A) erred in law in cancelling the assessment, ignoring the fact that proceeding u/s. 153A could not be initiated u/s. 147?
• 2. Whether the Ld. CIT(A) erred in law in ignoring that, in view of the binding decision of the Delhi High Court, assessment u/s. 147 of the Act was not only permissible but the only permissible but the only course of action available for assessing the income which had escaped assessment in this case?

Judgment Outcome

Decided in favour of Revenue.

Precedents Relied Upon

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