M/s Neeta Developer Vs. ITO/ NFAC, Delhi

Parties Involved

Facts Summary

The appeal is preferred by M/s Neeta Developer against the order of the Commissioner of Income Tax (Appeals) / National Faceless Appeal Centre (NFAC) dated 19.09.2025 for the Assessment Year 2018-19. The original assessment order was passed under section 143(3) read with section 144B of the Income Tax Act, 1961, on 24.06.2021 by the Additional/Joint/Deputy/Assistant Commissioner of Income Tax/ NFAC, Delhi. The assessee raised several grounds of appeal, including errors in the assessment order and the failure to allow the carry forward business loss. The assessee was unable to represent before the ld. CIT(A) on various occasions, leading to the dismissal of the appeal for non-prosecution.…

Legal Issues

• 1. Confirmation of additions aggregating to Rs. 5,84,12,054 as unexplained income under section 69A of the Income Tax Act, 1961.
• 2. Error in passing the final assessment order without following the laid down procedure.
• 3. Failure to intimate the assessee of the proposed additions as required by Section 143(3).
• 4. Passing of the assessment order without giving proper opportunity of being heard to the assessee.
• 5. Errors in the additions made under section 69A for amounts Rs. 4,41,45,733, Rs. 65,27,868, Rs. 48,38,453, and Rs. 29,00,000.
• 6. Failure to consider and allow the business loss to be carried forward for A.Y. 2018-19 as per return of Rs. 1,14,41,253 in the Tax Computation Sheet.

Judgment Outcome

Decided in favour of Assessee.

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