2025 (6) TMI 414

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....USTICE TEJAS KARIA Advocates who appeared in this case: For the Appellant: Mr. Ruchir Bhatia & Mr. Anant Mann, Advs. For the Respondent: Ms. Kavita Jha, Sr. Adv. with Mr. Vaibhav Kulkarni, Advs. JUDGMENT VIBHU BAKHRU, J. 1. The Revenue has filed the present appeal under Section 260A of the Income Tax Act, 1961 [the Act] impugning an order dated 27.12.2022 [impugned order] passed ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... impugned order insofar as it relates to ITA No. 561/Del/2022. 4. The Assessee had filed his return declaring an income of Rs. 4,55,580/- for AY 2002-03. The Assessing Officer [AO] had received information from Foreign Tax and Tax Research (FT&TR) department to the effect that the Assessee had a joint foreign bank account with his son (Shri Anand Pershad Jaiswal) and the total credit entries du....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... this court in Brahm Datt v. Assistant Commissioner of Income-Tax & Others: Neutral Citation No.:2018:DHC:7709-DB allowed the appeal by an order dated 29.01.2021. The Revenue appealed the said decision before the learned ITAT. However, the said appeal was rejected, as the learned ITAT found that, in a contextually similar factual matrix, this court had dealt with a similar controversy in Brahm Dat....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....assessment proceedings to 16 years is prospective in nature, ignoring the provisions of Explanation to Section 149(3) which categorically made the amendment retrospective?" 9. The present appeal was also heard along with a batch of matters [W.P.(C) No.2068/2015 captioned U.K. Paints (Overseas) Ltd. v. Assistant Commissioner of Income Tax and connected matters] raising the identical issue as rai....