KEDAR GHATI ENTERPRISES,RUDRAPRAYAG V. INCOME TAX OFFICER, SRINAGAR (GARHWAL)

ITA 150/DDN/2025

AI Insights

The case involves Kedar Ghati Enterprises appealing against the order of the CIT(A)/NFAC, Delhi, which was based on the proceedings under section 147 of the Income Tax Act, 1961. The appeal was heard by the Income Tax Appellate Tribunal, Dehradun Bench. The primary issue was the reopening of the assessment for the Assessment Year 2020-21 concerning the financial transactions in the liquor business of the assessee. The Tribunal noted the absence of the assessee's representation and proceeded ex-parte. The Revenue supported the reopening, but the Tribunal, referencing significant Delhi and Bombay High Court decisions, quashed the reopening, emphasizing that no additions were made concerning the reasons for reopening.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 828494 (ITAT-DEHRADUN)
• Duration Of Justice: 4 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-01-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Dehradun
• Assessment Year: misc
• Appeal Filed On: 22-08-2025
• Other Referred Cases: Ranbaxy Laboratories Ltd. vs. Union of India (2011) 336 ITR 136 (Del.), CIT vs. Jet Airways (India) Ltd. (2011) 331 ITR 236 (Bom.)
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A. S. RANA
• Section: 147

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN BENCH, DEHRADUN Before Sh. Satbeer Singh Godara, Judicial Member & Sh. Manish Agarwal, Accountant Member ITA No. 150/DDN/2025 : Asstt. Year: 2020-21 Kedar Ghati Enterprises, Jawahar Nagar, Baniyari, Augustmuni Rudraprayag, Chamoli, Uttarakhand-246421 Vs Income Tax Officer, Income Tax Office, Mukkus Residency, Sringar, (Garhwal), Srinagar, Uttarakhand-246174 (APPELLANT) (RESPONDENT) PAN No. AASFK8721C Assessee by : None Revenue by : Sh. A. S. Rana, Sr. DR Date of Hearing: 12.01.2026 Date of Pronouncement: 12.01.2026 ORDER Per Satbeer Singh Godara, Judicial Member: This assessee’s appeal for Assessment Year 2020-21, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2025-26/10787788588(1) dated 22.07.2025, in proceedings u/s 147 of the Income Tax Act, 1961. 2. Case called twice. None appears at the assessee’s behest. It is accordingly proceeded ex-parte. 3. It next emerges during the course of hearing with the able assistance coming from the Revenue side that the learned lower authorities had set into motion section 148/147 proceedings against the assessee regarding the corresponding information of Printed from counselvise.com ITA No. 150/DDN/2025 Kedar Ghati Enterprises 2 it’s financial transactions in liquor business whereas the assessment in issue dated 10.03.2025 ended up in rejecting it’s books followed by re-estimation of NP rate @ 2.86% which stands upheld in the lower appellate discussion. 4. It is thus clear words that both the learned lower authorities have nowhere made any addition qua the foregoing reasons of reopening. Faced with this situation, we quote Ranbaxy Laboratories Ltd. vs. Union of India (2011) 336 ITR 136 (Del.) and CIT vs. Jet Airways (India) Ltd. (2011) 331 ITR 236 (Bom.) to quash the impugned reopening in very terms. The Revenue’s vehement contention in support of the impugned reopening stand rejected in very terms. 5. All other pleadings between the parties on merits stand rendered academic. 6. This assessee’s appeal is allowed. Order Pronounced in the Open Court on 12/01/2026. Sd/- Sd/- (Manish Agarwal) (Satbeer Singh Godara) Accountant Member Judicial Member Dated: 12/01/2026 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR Printed from counselvise.com "