Mitesh Ashokkumar Patel vs. ITO

Parties Involved

Facts Summary

The assessee, Mitesh Ashokkumar Patel, has appealed against the orders of the Commissioner of Income Tax (Appeals) and the CIT(A) dated 13/08/2019 and 07/02/2024 respectively for the Assessment Years 2011-12 and 2013-14. The assessee contests the validity of the notice issued under section 148 of the Income Tax Act, 1961, and the addition of Rs.13,88,500/- made by the assessing officer by treating certain purchases as bogus. The assessment was reopened based on information from a search action involving Shri Rajendra Jain, who was found to be involved in giving accommodation entries, including bogus purchases. The assessee argues that the assessment should not have been reopened after four years from the end of the relevant assessment year as per the first proviso to section 147 of the Act.…

Legal Issues

• 1. Validity of the notice issued under section 148 of the IT Act, 1961
• 2. Confirmation of the addition made by treating purchases as bogus
• 3. Whether the assessee failed to disclose all material facts necessary for the assessment

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• The Hooghly Mills Company Ltd. Vs. DCIT, Circle -1(2), Kolkata

  Kolkata benchAY 2008-09Allowed

• ACIT – 19(1), Mumbai Vs. Parul Diamond

  H(SMC) Bench, Mumbai benchAY 2007-08Dismissed

• Arpan Ashokkumar Jhunjhunwala vs. ITO, Ward 1(5), Aurangabad

  Pune bench

• Ashish Jain vs. ITO

  Delhi Bench ‘B’ benchAY 2016-17Allowed

• D.G. Exports vs. Deputy Commissioner of Income Tax-23(1)

  Mumbai "D" Bench benchAY 2011-12Partly Allowed

• Sunita Grovar vs ITO

  Delhi 'G' Bench benchAY 2011-12Partly Allowed