Vineet Gupta vs ACIT

Parties Involved

Facts Summary

The case involves an appeal by Vineet Gupta against the order of the Commissioner of Income Tax (Appeals) regarding the assessment year 2017-18. The appeal was filed against the order passed by the Assessing Officer dated 30.12.2018 under section 143(3) of the Income Tax Act, 1961. The assessee has raised several grounds of appeal, including the quashing of assessment proceedings on the ground that the proceedings were not initiated under the proper section, and the quashing of the assessment order on the ground of gross violation of the principle of natural justice. The assessee also challenged the addition of Rs.1700000/- and Rs.2900000/- made by the Assessing Officer under section 69A r.w.s 115BBE of the Act. The brief facts of the case are that a search and seizure operation was carried out at the premises of Mohit Garg and others on 25-11-2016, during which certain documents belonging to the assessee were seized. The assessee filed an income return declaring a total income of Rs 6,55,060/- for the assessment year 2017-18. The Assessing Officer made additions of Rs 1700000/- on account of unexplained income and Rs 60,00,000/- on account of earned commission from Rajeev Singh Kushwaha. The assessee appealed to the Commissioner of Income Tax (Appeals) who partly allowed the appeal, leading to the current appeal before the Income Tax Appellate Tribunal.…

Legal Issues

• 1. Whether the impugned appeal order is bad in law.
• 2. Whether the Commissioner of Income Tax (Appeals) erred in dismissing the grounds of appeal.

Judgment Outcome

Decided in favour of Assessee.

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