Pratikkumar Shashikantbhai Javiya v. ITO

Parties Involved

Facts Summary

The assessee, Pratikkumar Shashikantbhai Javiya, filed an appeal against the order under section 250 of the Income Tax Act, 1961, passed by the National Faceless Appeal Centre (NAC) Delhi/Commissioner of Income-tax (Appeals). The assessee contested the reopening of the assessment under section 147 of the Income Tax Act, 1961, and the addition of Rs.10,59,136/- made by the Assessing Officer on account of alleged transactions with Shri Chetan Bhalodiya, Proprietor of M/s Yash Enterprises. The assessee argued that the cash received from Chetan Bhalodiya was part of the turnover and income tax was paid on the same. However, the assessing officer rejected this contention and added the balance amount to the total income of the assessee on account of unexplained money under section 69A of the Act. The assessee appealed to the Income Tax Appellate Tribunal, which confirmed the action of the Assessing Officer.…

Legal Issues

• 1. Whether the Learned Commissioner of Income Tax (Appeals) erred in upholding the reopening of the assessment under section 147 of the Income Tax Act, 1961.
• 2. Whether the Learned Commissioner of Income Tax (Appeals) erred in upholding the addition of Rs.10,59,136/- made by the Assessing Officer on account of alleged transactions with Shri Chetan Bhalodiya.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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