ITA No.424/Rjt/2023 (AY-11-12)

Parties Involved

Facts Summary

The assessee, Anilkumar Pershottambhai Tala, filed an appeal against the order passed by the Commissioner of Income Tax (Appeals) dated 28.11.2023, which upheld the reopening of assessment under section 147 of the Income-tax Act, 1961. The assessee's case was reopened based on information received from the Anti-Money Laundering Investigation (ADI) regarding suspicious transactions involving Late Shri Chhotalal Doshi. The Assessing Officer added Rs.18,01,043/- to the assessee's total income as unaccounted credits, which the assessee contested. The Commissioner of Income Tax (Appeals) dismissed the assessee's appeal, but the assessee further appealed to the Income Tax Appellate Tribunal.…

Legal Issues

• 1. Whether the Ld. CIT(A) erred in upholding the reopening of assessment u/s 147 of the Act.
• 2. Whether the Ld. CIT(A) erred in confirming addition made by AO of Rs.18,01,043/- only on the basis of allegation of third party without any evidences.
• 3. Whether the Ld. CIT(A) erred in confirming addition made by AO without providing opportunity of cross examination of deponent whose statement was used against assessee.

Judgment Outcome

Decided in favour of Assessee.

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