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Judgment
PER SATBEER SINGH GODARA, JM:
This assessee’s appeal ITA no. 4345/Del/2025 for assessment year 2012-13 arises against CIT(A)/ NFAC, Delhi’s order dated 01.10.2024 (DIN & Order No. ITBA/NFAC/S/250/2024-25/1069318368(1), in proceedings u/s 144 r.w.s. 263 of the Income-tax Act, 1961, hereinafter referred to as the ‘Act’.
Heard both the parties. Case file perused.
It transpires during the course of hearing that learned assessing authority had set into motion section 148/147 proceedings against the assessee regarding the sole issue of cash deposits amounting to Rs. 26,06,500/- whereas assessment in issue has no where made any such addition in his hands, since disallowing the other issues/ claim of section 54F deduction and cost of acquisition/ improvement etc.
This being the clinching factual position I hereby quote ATS Infrastructure Ltd. v. ACIT (2024) 166 taxmann.com 61 (Delhi) & Ranbaxy Laboratories v. CIT (2011) 335 ITR 136 (Del) to conclude that such a reopening itself is not sustainable in law. The same stands quashed in very terms therefore.
All other pleadings between the parties stand rendered academic interest only.
This assessee’s appeal ITA No. 4345/Del/2025 is allowed.