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CIT(A) Overstepped- Enhancement Without Notice Is Void ab initio: ITAT Delhi

Case Law Details

TaxGuru Citation
2025 taxguru.in 7689
Case Name
Dewan Chand Vs CIT (Appeals) (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2010-11
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Dewan Chand Vs CIT (Appeals) (ITAT Delhi)

Delhi Tribunal allowed the appeal of Assessee by holding that enhancement of income by CIT(A) without notice u/s 251 was illegal & unsustainable.

Survey Disclosure & Return

A survey u/s 133A was conducted on 17.09.2010 in the premises of Assessee. During survey, partner Shri Vikram Kumar surrendered ₹70 lakh as additional income. This disclosure was duly included in the return filed on 14.10.2010 declaring total income of ₹1.40 crore.

Assessment & First Appeal

AO completed assessment u/s 143(3) on 25.03.2013 making an addition of ₹99.25 lakh towards unverifiable expenses. On appeal, CIT(A) vide order dated 13.02.2015 rejected the books & estimated profit at 8% of turnover. AO in consequence determined income at ₹1.85 crore vide order dated 03.06.2015.

ITAT’s Earlier Remand

In ITA No.2707/Del/2015, Tribunal vide order dated 21.12.2018 held that CIT(A)’s adoption of 8% net profit was not a speaking order. Tribunal restored the matter back to CIT(A) for de novo adjudication with direction to pass a reasoned order after hearing Assessee.

CIT(A)’s Enhancement in Fresh Order

In de novo proceedings, CIT(A) vide order dated 15.02.2024 determined income at ₹2.10 crore. This was an enhancement over earlier income of ₹1.85 crore. Importantly, no notice u/s 251 was issued to Assessee before such enhancement.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,232

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