Narendra Kumar Gill Vs ITO

Last updated: 29 December 2020

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Quick Summary

This appeal concerns a tax dispute between Narendra Kumar Gill and the Income Tax Officer (ITO) regarding capital gains for the assessment year 2009-10. The assessee challenges the upholding of reassessment proceedings and additions made by the Assessing Officer, arguing that a valid notice under Section 148 of the Act was not issued prior to the reassessment. The assessee contends that the assessment is therefore invalid and should be quashed.

Court :
ITAT New Delhi

Brief :
The present appeal has been fi led by the assessee against the order of the ld. CIT(A), Muzaffarnagar, dated 25.01.2017.

Citation :
ITA No. 1532/Del/2017

IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH ‘E’, NEW DELHI

Before Sh. Kuldip Singh, Judicial Member
Dr. B. R. R. Kumar, Accountant Member
(Through Video Conferencing)
ITA No. 1532/Del/2017 : Asstt. Year : 2009-10
Narendra Kumar Gill,

C/o Shri N.K. Arora, Adv.,
219, Civil Line South,
Muzaffarnagar
(APPELLANT)

Income Tax Officer,
Ward-2(1),
Muzaffarnagar
(RESPONDENT)
PAN No. ACVPG8013G

Assessee by : Sh. Prem Lata Bansal, Sr. Adv.
Revenue by : Ms. Rakhi Vimal, Sr. DR
Date of Hearing: 23.11.2020 Date of Pronouncement: 22.12.2020

ORDER

Per Dr. B. R. R. Kumar, Accountant Member:

The present appeal has been fi led by the assessee against the order of the ld. CIT(A), Muzaffarnagar, dated 25.01.2017.

2. Fol lowing grounds have been raised by the assessee:

“1. That the learned CIT(A) has grossly erred both in law and on facts in upholding the reassessment proceedings and confirming the additions so made by the Ld. Assessing Off icer by disal lowing the capital gains as claimed by the assessee. The addition made therein has been made with preconceived notions and such impugned order is without jurisdiction, l iable to be quashed, as such.

2. That the impugned order so passed by the learned CIT(A) is bad in law as it is devoid of the acknowledgment of the fact that no val id notice u/s 148 of the Act was issued to the assessee prior to culmination of the reassessment proceedings and as such, the assessment so made is l iable to be quashed.

To know more in details find the attachment file

FAQ :

The main issue is the validity of reassessment proceedings and additions made to the assessee's income concerning capital gains, with a specific challenge to whether a valid notice under Section 148 of the Income Tax Act was issued.

This appeal is related to the assessment year 2009-10.

The assessee is challenging the decision of the learned CIT(A) who upheld the reassessment proceedings and confirmed the additions made by the Assessing Officer, thereby disallowing the capital gains claimed by the assessee.

The assessee argues that the assessment is invalid because no valid notice under Section 148 of the Income Tax Act was issued prior to the completion of the reassessment proceedings.