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Section 149(1)(b) Conditions Unmet: Reopening and Adhoc Profit Addition Quashed – ITAT Kolkata

Case Law Details

TaxGuru Citation
2026 taxguru.in 2526
Case Name
Rakhi Mondal Vs Assessment Unit (ITAT Kolkata)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
Advertisement Rakhi Mondal Vs Assessment Unit (ITAT Kolkata) Reopening Beyond 3 Years Quashed – Conditions u/s 149(1)(b) Not Satisfied – Adhoc Profit Estimation Without Rejecting Books Invalid – ITAT Kolkata ITAT Kolkata quashed reassessment holding that notice u/s 148 issued beyond 3 years was invalid as mandatory conditions of Sec 149(1)(b) were not fulfilled and AO failed to show escaped income represented as specified asset/entry exceeding ₹50 lakh. Tribunal further held that CIT(A)’s estimation of 15% profit on turnover was unsustainable since books were never rejected u/s 14...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,049

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