Ashok Kumar Tyagi vs Income Tax Officer Ward 60(7)

This assessee's appeal for assessment year 2012-13, arises against the Addl./JCIT(A)-1, Visakhapatnam vide DIN: ITBA/APL/S/250/2025-26/1083366570(1) dated 20.03.2026 involving proceedings under section 143(3) r.w.s. 147 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').

Heard both the parties. Case file perused.

Coming straightway to the assessee's sole substantive ground raised in the instant appeal challenging the alleged undisclosed turnover addition/income addition of Rs.38,15,596/- made in both the lower appellate proceedings, learned counsel invites the tribunal's attention to the Assessing Officer’s reopening reasons at page-110 of the order may it clear that he had made/engaged a fake Chartered Accountant’s name and further relied on false profit & loss account and balance-sheet to submit various tender bids, which forms the sole basis for the department to add aforesaid sum in his hands.

This being the clinching factual position going rebutted from the Revenue side, the tribunal of the considered view that the impugned addition of undisclosed business income of Rs.38,15,596/- is not sustainable in the assessee’s hands since admittedly based on false profit & loss account and balance-sheet only. Deleted accordingly.

The assessee’s appeal is allowed.