Prasanta Kumar Das vs. ITO, Ward-37(1), Kolkata

Parties Involved

Facts Summary

The assessee, Prasanta Kumar Das, filed his return of income for the assessment year 2018-19 declaring a total income of ₹22,60,000. The case was selected for limited scrutiny due to specific reasons related to investment in immovable property and duty drawback. Notices under sections 143(2) and 142(1) of the Income-tax Act, 1961, were issued. The Assessing Officer completed the assessment under section 143(3) on 21.04.2021, determining the total income at ₹51,10,000 after making an addition of ₹28,50,000 under section 69C of the Act, treating alleged unexplained expenditure. The assessee appealed against this order before the CIT(A), which dismissed the appeal ex parte due to the assessee’s non-appearance and sustained the order of the Assessing Officer without examining the merits of the case. Dissatisfied with the CIT(A)'s order, the assessee filed an appeal before the tribunal.…

Legal Issues

• 1. Whether the addition of ₹28,50,000 under section 69C of the Act is beyond the scope of limited scrutiny.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• M/s Subhrashi Enclave Pvt. Ltd. vs. ITO, Ward-10(2), Kolkata

  Kolkata Bench benchAY 2015-16Allowed

• Ashriya Consultive (OPC) Pvt. Ltd. Vs ITO

  Delhi Bench benchAY 2022-23Allowed

• Poonam Lakhmani vs. ITO, Ward-30(1), Kolkata

  Kolkata Bench benchAY 2020-21Allowed

• Sudeep Anand vs. CIT (A), Delhi-42

  Delhi Bench benchAY 2020-21Allowed

• Vijay Fomra vs. ITO, Ward-40(1), Kolkata

• MANNOHAR LAL HIRA LAL LTD. VS. ITO, WARD 2(1)(4)

  Delhi Bench benchAY 2017-18Allowed