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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
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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 145(3), and adhoc estimation without basis is impermissible. Relying on PCIT vs RG Builder Engineer Ltd., ITAT allowed appeal and set aside entire addition.

Assessee represented by : Dilip Chatterjee, AR

FULL TEXT OF THE ORDER OF ITAT KOLKATA

The present appeal filed by the assessee arises from order dated 22.07.2025passed u/s 250 of the Income Tax Act, 1961 (hereafter referred to as “the Act”) by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereafter referred to as “the Ld.CIT(A)].

2. Ground No. 1 is general in nature and does not require any specific adjudication. Ground No. 2 to 3 are against the order of Ld. CIT(A) upholding the assessment which has been invalidly reopened and is not in accordance with the provision of section 149(1)(b) of the Act.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,140

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