Ketan Arvind Deshpande Vs. ITO, Ward (1), Nanded

Parties Involved

Facts Summary

The assessee, Ketan Arvind Deshpande, had not filed his return of income. The Assessing Officer, after recording reasons, reopened the assessment and issued a notice under section 148 of the Income Tax Act, 2021. The Assessing Officer completed the assessment determining the total income of the assessee at Rs.1,34,30,760/- by making various additions. The CIT(A) / NFAC dismissed the appeal filed by the assessee on the ground that the assessee had not filed a return and had not paid an amount equal to the advance tax payable. The assessee filed an appeal against this order before the Tribunal.…

Legal Issues

• 1. Whether the CIT(A) / NFAC erred in dismissing the appeal as infructuous for non-filing of return and non-payment of advance tax.
• 2. Whether the reassessment proceedings initiated by the Assessing Officer were in accordance with the law.
• 3. Whether the Assessing Officer erred in making additions under section 69A of the Income Tax Act.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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