2025 (6) TMI 412

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....ax Appellate Tribunal, [ITAT] in ITA No. 4491/Del/2019 & 4492/Del/2019 in respect of Assessment Year [AY] 2009-10. 2. The Revenue had preferred the said appeals before the learned ITAT against an order dated 25.03.2019 and 18.03.2019 passed by the learned Commissioner of Income Tax (Appeals)-28, New Delhi, [CIT(A)]. By the order dated 25.03.2019 the learned CIT(A) had set aside the order dated 29.06.2017 passed by the Assessing officer [AO] under Section 271(1)(c) of the Act. And, in terms of the order dated 18.03.2019, the learned CIT(A) had allowed the assessee's appeal against the assessment order dated 29.12.2016 passed under Section 143 (3) of the Act and had deleted the additions made to the returned income of the assessee. The lea....

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....the AO found that there was apparent difference of only Rs. 1926/- and accordingly made an addition of the said amount. Additionally, the AO also found certain entries in books of certain related parties. The AO was of the view that those entries should be imputed to the petitioner and accordingly made additions in respect of those entries as well. 6. The assessee had appealed the said assessment order dated 29.12.2016 before the learned CIT(A). The learned CIT(A) found that there was no reason for the AO to re-open the assessment as there was no tangible material available with the AO, which could furnish a reason to believe that the assessee's income had escaped assessment. Concededly, Form 26AS, was the only material on which the AO h....

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....ssion for the purpose of initiating reassessment proceedings u/s 147 of the Act, whereas the Form 26AS was available on records for reason to believe for escapement of income of Rs. 4,28,880/-? D. Whether on the facts and circumstances of the case and in law, the Hon'ble ITAT erred in upholding the order of CIT(A) passed quashing the assessment order without going through the facts and merits of the case? 8. In our view, the present appeal does not throw up any substantial questions of law. We say so for the reason that it is clear from the findings recorded that there were apparent errors in the Form 26AS which could be discovered by merely looking at it. Certain entries were repeated, and therefore the income from salaries ret....