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Judgment
This assessee’s appeal for assessment year 2016-17, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, [in short, the “Ld. CIT(A/NFAC”], Delhi’s order dated 19/12/2025 passed in case no. CIT(A), Delhi-NFAC/2015-16/10323766, involving proceedings under section 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Case called twice. None appears at the assessee’s behest. He is accordingly proceeded ex-parte.
It emerges at the outset during the course of hearing that the learned CIT(A)/NFAC in its detailed discussion has proceeded ex-parte against the assessee. It is further noted with the able assistance coming from the Revenue side that both the Learned lower authorities had initiated the impugned reopening against the assessee vide Section 148 notice dated 25th March, 2022 as well thereby observing that his income to the tune of Rs. 62.30 lakhs i.e Rs. 31.15 lakhs each twice, representing immovable property investments, had escaped assessment. The Revenue could hardly dispute that the assessment order herein dated 14/12/2024 has already settled the issue in the assessee’s favour that the foregoing value of Rs. 31.15 lakhs had been taken twice while initiating impugned reopening in issue.
Faced with this situations in light of the fact that the impugned reopening has been initiated beyond a period of 3 years from the end of the relevant assessment year for the purpose of assessing the assessee’s investments of Rs. 31.15 lakhs only this tribunal is of the considered view that the same is not sustainable in seeking less than Rs. 50 lakhs under Section 149(1) (5) of the Act. Ordered accordingly. All other remaining pleadings between the parties stand rendered academic.
This assessee’s appeal is allowed.