ANIL KAPOOR,NOIDA V. ITO WARD 5(1)(1), GAUTAM BUDHA NAGAR

ITA 8275/DEL/2025

AI Insights

The case involves Mr. Anil Kapoor, who appealed against the orders of the Learned Commissioner of Income Tax (Appeals) and the Learned Assessing Officer concerning reassessment proceedings for the Assessment Year 2015-16. The reassessment was initiated due to alleged escapement of income amounting to Rs.52,49,376, which included transactions from the sale of immovable property and interest income. The assessee failed to comply with several notices during the assessment proceedings, attributed to the furnishing of a wrong email address. The Tribunal, considering the circumstances and the lack of objection from the Departmental Representative, decided to set aside the previous orders and restore the matter for a fresh assessment.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 833959 (ITAT-DELHI)
• Duration Of Justice: 1 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2015-2016
• Appeal Filed On: 11-12-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HARPREET KAUR HANSRA
• Assessee Lawyers: SAMEER KAPOOR
• Keywords: Set aside; Cost of acquisition
• Section: 147; 144; 142(1)

Judgement Text

"P a g e | 1 ITA No.8275/Del/2025 Mr. Anil Kapoor (AY: 2015-16) IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, DELHI BEFORE SHRI S RIFAUR RAHMAN, ACCOUNTANT MEMBER & SHRI VIMAL KUMAR, JUDICIAL MEMBER ITA No. 8275/Del/2025 (Assessment Year: 2015-16) Mr. Anil Kapoor A-75, Sector-15, Gautam Buddha Nagar, Noida, Uttar Pradesh – 201301 Vs. ITO, Ward 5(1)(1) Gautam Buddha Nagar Noida Uttar Pradesh \u0001थायीलेखासं./जीआइआरसं./PAN/GIR No: BEWPK0821C Appellant .. Respondent Assessee by : Sh. Sameer Kapoor, CA Department by : Ms. Harpreet Kaur Hansra, Sr. DR Date of Hearing 21.01.2026 Date of Pronouncement 04.02.2026 O R D E R PER VIMAL KUMAR, JM: The appeal filed by the assessee is against order dated 09.01.2025 of Learned Commissioner of Income Tax (Appeals) (hereinafter referred to as ‘The CIT(A)’) u/s 250 of the Income Tax Act, 1961 (hereinafter referred to Printed from counselvise.com P a g e | 2 ITA No.8275/Del/2025 Mr. Anil Kapoor (AY: 2015-16) as ‘the Act’) arising out of assessment order dated 21.03.2023 of Ld. Assessing Officer/Assessment Unit (hereinafter referred to as ‘Ld. AO’), u/s 144 r.w.s 147 of the Act for AY: 2015-16. 2. Brief facts of case are that the case of assessee was selected for reassessment proceeding u/s 147 of the Act for AY: 2015-16 as there was escapement of income to the tune of Rs.52,49,376/- in the case of assessee. The assessee had made following transactions during the Financial Year 2014-15 relevant to Assessment Year 2015-16 as under: Information Description Amount (Rs.) Sale of Immovable Property 18,00,000/- Sale of Immovable property 33,33,334/- Interest other than interest on Securities 1,16,042/- Total escapement 52,49,376/- 3. However, notices/letters as follows were issued which were not complied and no supporting documents were submitted, the details of which are as under: Type of notice/communi cation Date of notice/communi cation Date of complia nce given Respons e of the assessee received/ not received Date of respons e, if received Response type(full/Part/a djournment Remarks, if any Notice u/s 142(1) of the Act 14.10.2022 31.10.20 22 Not received - - Not complied Notice u/s 03.11.2022 12.11.20 Not - - Not complied Printed from counselvise.com P a g e | 3 ITA No.8275/Del/2025 Mr. Anil Kapoor (AY: 2015-16) 142(1) of the Act 22 received Letter for making compliance 25.11.2-22 30.11.20 22 Not received - - Not complied SCN for passing order u/s 144 06.01.2023 12.01.20 23 Not received - - Not complied Centralised communication 25.01.2023 Immedia te Not received so far - - Not complied Final Show Cause Notice with details of proposed addition 06.02.2023 17.02.20 23 Received 17.02.2 023 Part No supporting documents are submitted 4. On completion of proceedings ld. AO vide order dated 21.03.2023 made additions of Rs.51,33,334/- from the sale of immovable property and Rs.01,45,553/- on account of interest income. 5. Against the order dated 21.03.2023 of ld. AO assessee filed appeal before the ld. CIT(A) which was dismissed vide order dated 09.01.2025. 6. Being aggrieved the appellant assessee preferred present appeal on following grounds; “Ground No. 01 Ld. CIT(A) has erred in law and facts of the case in issuing notices to an incorrect/wrong e-mail address to the assessee. Ground No. 02 Ld. CIT(A) has erred in law and facts of the case in upholding an assessment order u/s 147 r.w.s 144 of the Income Tax Act 1961. Printed from counselvise.com P a g e | 4 ITA No.8275/Del/2025 Mr. Anil Kapoor (AY: 2015-16) Ground No. 03 Ld. CIT(A) has erred in law and facts of the case in in dismissing the appeal filed by the assessee against the disallowance of Rs. 51,33,334/- on account of Indexed Cost of acquisition and Indexed Cost of improvement. Ground No. 04 Ld. CIT(A) has erred in law and facts of the case in dismissing the appeal filed by the assessee against the additions of Rs. 1,45,553/- as Interest Income. Ground No. 05 The assessee may please be allowed the right to add/delete/modify any of the grounds of appeal at any stage.” 7. Ld. Authorized Representative for appellant assessee submitted that due to furnish of wrong email assessee could not comply with several notices during assessment proceedings and could not attend to the appellate proceedings. So, the matter may be restore to the file of ld. AO. 8. Ld. Departmental Representative had no objection. 9. From examination of record in light of aforesaid rival contention it is crystal clear that ld. CIT(A) vide order dated 09.01.2025 dismissed the appeal as there was no response to various notices for hearing by the assessee. During the assessment proceedings the assessee could not comply with the various notices and file documents. Assessee claims that due to giving of wrong email the assessee could not comply with the directions of the Printed from counselvise.com P a g e | 5 ITA No.8275/Del/2025 Mr. Anil Kapoor (AY: 2015-16) Departmental authorities. Prayer for restoring the matter to the file of Ld. AO has been made and ld. DR has no objection. 10. In view of above material facts and interest of justice it is considered expedient to set aside the orders dated 09.01.2025 of ld. CIT(A) and 21.03. 2023 of ld. AO and restore the matter to the file of ld. AO for fresh decision in accordance with law after affording fair opportunities of hearing to the appellant assessee. 11. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 04.02.2026 Sd/- (S Rifaur Rahman) Sd/- (Vimal Kumar) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated 04.02.2026 Rohit, Sr. PS Printed from counselvise.com P a g e | 6 ITA No.8275/Del/2025 Mr. Anil Kapoor (AY: 2015-16) Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Printed from counselvise.com "