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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)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2017-18
- Courts
- All ITAT, ITAT Kolkata
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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...




