ITA Nos. 1858 to 1862/KOL/2025 Sunil Kumar Agarwal; AYs 2011-12 to 2015-16

Parties Involved

Facts Summary

The assessee, Sunil Kumar Agarwal, filed his return of income declaring total income at ₹ NIL as he is a resident of Sikkim and engaged in activities earning his income from Sikkim. He holds an old settlers status by birth. The assessment was completed under sections 144/147, and the assessee appealed to the Commissioner of Income Tax (Appeals) (CIT(A)). The CIT(A) dismissed the appeal, confirming the addition made by the Assessing Officer. The assessee then appealed to the Income Tax Appellate Tribunal (ITAT).…

Legal Issues

• 1. Whether the order passed by the Assessing Officer under section 147 read with section 144 is bad in law and liable to be quashed.
• 2. Whether the CIT(A) grossly erred in confirming the addition of ₹1,83,08,466/- made by the Assessing Officer, denying the exemption claimed under section 10(26AAA).
• 3. Whether the CIT(A) ought to have deleted the addition of Rs. 1,83,08,466/- made by the Assessing Officer.
• 4. Whether the assessee is entitled to exemption from income tax as per the provision of Section 10(26AAA) as an old settler of Sikkim.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• I.T.A. Nos.1458, 1459, 1461 & 1462/Kol/2023

  Kolkata bench

• Shankar Agarwal vs. DCIT, Circle-3(2), Gangtok

• Roshan Agarwal vs. DCIT, Central Circle 3(2), Gangtok

  Kolkata Bench benchAY 2013-2014, 2014-2015, 2015-2016, 2017-2018, 2021-2022Allowed

• Binod Kumar Agarwal vs. DCIT, Central Circle-3(2), Kolkata

  Kolkata Bench benchAY 2013-14Partly Allowed

• Binod Kumar Agarwal

  Kolkata Bench benchAY 2011-12, 2012-13, 2014-15, 2015-16Partly Allowed

• Mingma Sherpa vs ITO, Ward-3(1), Gangtok

  Kolkata Bench benchAY 2017-2018Allowed