Nawkiran Plymers Pvt. Ltd Vs ITO (ITAT Kolkata)
ITAT Kolkata quashed assessment framed by NFAC holding that faceless assessment order dated 13.03.2022 was passed prior to notification of Sec 151A procedure on 29.03.2022 and therefore lacked jurisdiction. Tribunal observed that statutory framework for faceless assessments was not operational at relevant time and consequently assessment itself was void ab initio. Relying on co-ordinate bench rulings and High Court decisions including Kankanala Ravindra Reddy & Triton Overseas, ITAT annulled addition of ₹18 lakh u/s 68 without examining merits. Appeal allowed in favour of assessee
FULL TEXT OF THE ORDER OF ITAT KOLKATA
This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 25.11.2025 for the AY 2013-14.
2. At the time of hearing, the Id. Counsel for the assessee pressed only one issue which is against the invalid assessment framed by the National Faceless Appeal Centre, Delhi [the learned CIT (A)] vide order dated 13.03.2022, which is without jurisdiction and is accordingly, invalid.
3. The facts in brief are that the assessee filed the return of income on 09.01.2014, declaring total income at t33,141/-, which was processed u/s 143(1) of the Income-tax Act, 1961 (the Act). The case of the assessee was re-opened u/s 148 of the Act on 16.03.2021. Notice u/s 143(2) of the Act was issued on 28.09.2021. Accordingly, notices u/s 142(1) along with questionnaire was issued to the assessee on 31.01.2022, 15.02.2022 and 02.03.2022 along with necessary documents. The Id. AO made an addition of 118,00,000 u/s 68 of the Act, treating the same as unexplained cash credit and assessed total income of the assessee at t18,33,141/-.
