UMANG WEBTECH PVT. LTD.,KOLKATA V. ITO, WARD 14(1), KOLKATA

ITA 151/KOL/2025

AI Insights

Umang Webtech Pvt. Ltd. appealed against the order of the National Faceless Appeal Centre, Delhi, which upheld the reopening of their assessment for the Assessment Year 2014-15. The reopening was initiated by the Income Tax Officer, alleging that the assessee received a sum of \\u20b955,00,000 from Shri Swapan Das during the financial year 2013-14. The assessee contested this claim, providing bank statements as evidence that no such transaction occurred. Despite these submissions, the Income Tax Officer added the amount to the assessee's income. The Tribunal, after reviewing the evidence, concluded that the reopening was unjustified and quashed the assessment order.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 708389 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Assessment Year: 2014-2015
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S.B. CHAKRABORTHY
• Assessee Lawyers: AMIT AGARWAL
• Keywords: Reopening of assessment; Tangible material
• Section: 147; 148

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, KOLKATA BEFORE SHRI RAJESH KUMAR, AM AND SHRI PRADIP KUMAR CHOUBEY, JM ITA No. 151/KOL/2025 (Assessment Year: 2014-15) Umang Webtech Pvt. Ltd. 196/C, C.R. Avenue, Kolkata-700007 West Bengal Vs. Income Tax Officer, Ward 14(1), Aaykar Bhavan 110 Shantipally, E.M. Bypass, Kolkata-700107, West Bengal (Appellant) (Respondent) PAN No. AAACU9656P Assessee by : Shri Amit Agarwal, AR Revenue by : Shri S.B. Chakraborthy, DR Date of hearing: 20.05.2025 Date of pronouncement: 18.07.2025 O R D E R Per Rajesh Kumar, AM: This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 19.11.2024 for the AY 2014-15. 02. At the time of hearing, the assessee pressed the ground no.4, which is against the order of ld. CIT (A) upholding the reopening of assessment u/s 148 of the Act without any tangible material without any link to escapement of income and hence, the reopening is bad in law and the assessment may be quashed. 03. The ld. AR at the outset, submitted that the reopening of assessment has been made u/s 147 of the Act by issuing notice u/s 148 of the Act Page | 2 ITA No.151/KOL/2025 Umang Webtech Pvt. ltd.; A.Y. 2014-15 on 31.03.2021 and in the reasons recorded it was stated that the assessee is a beneficiary of ₹55,00,000/- being received from Shri Swapan Das during F.Y. 2013-14, relevant to A.Y. 2014-15. Thereafter, the assessee submitted before the ld. AO vide letter dated Nil, in which the assessee stated that the assessee has not received any amount of ₹55.00 lacs from shri Swapan Das and therefore the information received is wrong and proceedings may kindly be dropped. The assessee has also furnished before the ld. AO the bank account which evidenced that no such amount has ever been received by the assessee. The ld. AO during the re-assessment proceeding also reiterated the same facts despite the assessee denying the said claim of the AO of having received such amount from Shri Swapan Das. Finally, the amount was added to the income of the assessee in the assessment framed u/s 143(3)/147 of the Act. 04. In the appellate proceedings, the ld. CIT (A) dismissed the appeal of the assessee. 05. After hearing the rival contentions and perusing the materials available on record, we find that the assessee has not received any such amount from Swapan Das as is apparent from the evidences furnished before us including the bank statement. Therefore, the reopening is made without any substantive basis and live link. We note that despite the assessee repeatedly requesting before the ld. AO that he has not received any such amount and the AO was also not having any evidence of such amount have been received by the assessee. We note that the ld. CIT (A) has also failed to appreciate the facts correctly. Under these circumstances, we are of the view that the reopening of assessment has Page | 3 ITA No.151/KOL/2025 Umang Webtech Pvt. ltd.; A.Y. 2014-15 no basis and accordingly we quash the proceedings u/s 147 of the Act along with the order passed u/s 143(3)/147 of the Act. 06. In the result, the appeal of the assessee is allowed. Order pronounced in the open court on 18.07.2025. Sd/- Sd/- (PRADIP KUMAR CHOUBEY) (RAJESH KUMAR) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) Kolkata, Dated: 18.07.2025 Sudip Sarkar, Sr.PS Copy of the Order forwarded to: 1. The Appellant 2. The Respondent 3. CIT 4. DR, ITAT, 5. Guard file. BY ORDER, True Copy// Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Kolkata "