Laxminarayan Patidar Vs. ITO-1(1), Indore

Parties Involved

Facts Summary

The assessee, Laxminarayan Patidar, filed an appeal against the assessment order passed by the Assessing Officer under section 147 read with section 144B of the Income Tax Act 1961. The total income was computed and assessed at Rs. 59,57,912/-. The assessee was aggrieved by the order and filed a first appeal before the Commissioner of Income Tax (Appeals) which was dismissed. The assessee then filed a second appeal before the Income Tax Appellate Tribunal. The Tribunal found that the assessee did not comply with the notices issued under section 250 of the Act and did not avail the opportunities granted during the appellate proceedings.…

Legal Issues

• 1. Whether the Ld. CIT(A) erred in upholding the action of Ld. AO in making an addition of Rs. 59,56,000/- under section 69A.
• 2. Whether the provisions of Section 69A and Section 115BBE can be invoked.
• 3. Whether the assessment order dated 27.03.2024 is bad in law, without jurisdiction, and liable to be quashed.
• 4. Whether the additions are made on mere conjectures, surmises, and suspicions.
• 5. Whether the assessment was completed without complying with the statutory requirements of law.
• 6. Whether the assessment order dated 27.03.2024 is contrary to law, facts, and circumstances of the case and in any case is opposed to the principles of equity, natural justice, and fair play.

Judgment Outcome

Decided in favour of Assessee.

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