Shri Vikas Jain vs The Assistant Commissioner of Income Tax

Parties Involved

Facts Summary

The assessee, Shri Vikas Jain, filed four appeals against the order dated 24.10.2024 of the Commissioner of Income Tax (Appeals) for the Assessment Years 2019-20, 2020-21, 2021-22, and 2022-23. The appeals arose from the scrutiny assessment orders passed under Section 143(3) and 147 of the Income-tax Act, 1961. The assessee's case was selected for scrutiny following a search and seizure operation. The assessee was alleged to have made bogus purchases and earned commission income, leading to additions in the assessment. The assessee claimed that the business was genuine. The Commissioner of Income Tax (Appeals) dismissed the appeals in the absence of submissions and evidence from the assessee. The assessee's counsel argued that they sought information under the Right to Information Act to prepare written submissions but could not file them before the First Appellate Authority.…

Legal Issues

• 1. Whether the appeals deserved to be allowed for statistical purposes.
• 2. Whether the orders of the Commissioner of Income Tax (Appeals) should be set aside for a fresh adjudication.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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