Rajeev Kejriwal Vs. I.T.O., Ward-33(1), Kolkata

Parties Involved

Facts Summary

The assessee, Rajeev Kejriwal, an individual, filed his return of income for the assessment year 2017-18 showing a total income of ₹17,80,400/-. The case was selected for scrutiny under the Computer Assisted Scrutiny Selection (CASS) and the initial assessment was completed on the total income of ₹24,18,340/- under section 143(3) of the Income Tax Act, 1961. Subsequently, the assessment order was revised under section 263 of the Act, adding ₹16,82,456/- to the total income. The assessee filed an appeal before the Commissioner of Income Tax (Appeals)-NFAC, Delhi, which was dismissed due to non-prosecution. Aggrieved by this order, the assessee filed an appeal before the Income Tax Appellate Tribunal. The assessee claimed that the addition was unjustified as it represented an outstanding housing loan from Tata Capital Housing Finance Ltd. The assessee also argued that the CIT (Appeal) violated the principles of natural justice by not considering the facts of the case and by dismissing the appeal without providing adequate opportunity for the assessee to present his case.…

Legal Issues

• 1. Whether the addition of ₹16,82,456/- as income by the Assessing Officer was justified.
• 2. Whether the CIT(A) violated the principles of natural justice by dismissing the appeal without considering the facts.
• 3. Whether the assessee was given adequate opportunity to be heard.
• 4. Whether the addition u/s 68 and tax u/s 115BBE were justified.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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