Sushmita Gupta vs. Income Tax Officer

Parties Involved

Facts Summary

In this case, the assessment was completed under section 144 of the Income-tax Act, 1961 by the Assessing Officer (AO) vide order dated 05.12.2019. The AO made an addition under section 69A of Rs.93,10,000/- for unexplained investment in property and an addition of Rs.17,01,733/- for salary appearing in Form 26AS, which was treated as unexplained investment. The assessee appealed against this order before the Commissioner of Income-tax Appeals/National Faceless Appeal Centre (NFAC), Delhi. The assessee filed additional evidences, which were rejected by the ld. CIT (A) for not being accompanied by a petition under Rule 46A (1) of the Income-tax Rules, 1961. The ld. CIT (A) partly allowed the appeal by affirming the addition of Rs.93,10,000/- and directing the AO to examine the addition of Rs.17,01,733/- vis-a-vis Form 26AS.…

Legal Issues

• 1. Whether the assessment order passed by AO and appellate order passed by Ld. CIT(A) are bad in law and passed in contravention of prevailing law and facts.
• 2. Whether the Ld. CIT(A) erred in rejecting documents furnished by the assessee for not being accompanied by a petition under Rule 46.
• 3. Whether the Ld. CIT(A) erred in upholding the reassessment order passed by the AO.
• 4. Whether the addition of Rs. 93,10,000/- made by the AO under section 69A is illegal.
• 5. Whether the addition of Rs. 17,01,733/- made by the AO relying on Form 26AS is erroneous.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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