Vasudev Arya vs. ITO

Parties Involved

Facts Summary

The assessee Smt. Vidhya Arya filed her return of income for the Assessment Year 2017-18 declaring total income of Rs.5,73,612/-. The case was selected for scrutiny under CASS, a notice u/s 143(2) of the Income Tax Act, 1969 was issued on 13/08/2018. The assessment order was passed on 25/12/2019 by computing the income of assessee at Rs.14,23,996/- as against the return of income of Rs.5,73,612/-. Since, the assessment order was passed against the dead person, an appeal came to be filed by the legal heir/husband of the assessee Sh. Vasudev Arya which has been dismissed on 30/01/2024 vide order impugned. Aggrieved by the order of the Ld. CIT(A) in dismissing the appeal filed by the legal heirs of the assessee, the present appeal filed by the husband of the assessee before this Tribunal on the grounds mentioned above.…

Legal Issues

• 1. Validity of order passed by the Ld. AO
• 2. Decision of the Ld. CIT(A) on legal & factual grounds
• 3. Consideration of assessment record by the Ld. CIT(A)
• 4. Addition of Rs. 2,15,544/- in respect of interest on notional basis
• 5. Addition of Rs.14,803/- made by the Ld AO u/s 40(a)(ia) of the Act
• 6. Addition of Rs. 6,20,037/- on account of capital introduced as unexplained credit u/s 68 of the Act

Judgment Outcome

Decided in favour of Assessee.

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