Sourabh Kumar Jha v. Union Of India

IN THE HIGH COURT OF JHARKHAND, RANCHI W.P.(T) No. 6217 of 2023 ....Petitioner Sourabh Kumar Jha Versus 1.Union of India through the Principal Commissioner of Income Tax, Patna Patna 2.The Income Tax Appellate Tribunal, Ranchi 3.The Commissioner of Incoem Tax (Appeals) Ranchi. 4.The assessing Officer/Incoem Tax Officer (Ward-1) Ranchi. ....Respondents --- HON’BLE THE CHIEF JUSTICE CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD --- For the Petitioner For Respondents-State : Mr. Atanu Banerjee, Advocate : A.C. to A.S.G.I. --- 02/16.07.2024Heard the learned counsel for the parties. 2.This writ application has been filed seeking for the following reliefs:- (i)For quashing part of the order dated 22.03.2022 (Annexure 8) passed by the Income Tax Appellate Tribunal, Ranchi Bench, Ranchi in I.T.A. No.216/Ran/2018 corresponding to Assessment Year 2014-15 whereby the addition of Rs.15,93,621/- and Rs.50,250/- by Assessing Officer has been confirmed and findings of the learned Commissioner of Income Tax (Appeals) upheld, while adjudicating 2[nd] and 3[rd] issue of the addition of so-called unexplained investment of Rs.15,93,621/- and Rs.50,250/- by Assessing Officer with the aid of Section 56(2)((vii)(b) of the Income Tax Act, 1961 respectively in pursuance of Scrutiny Assessment and Notice under Section 143(2) of the Income Tax Act. (ii)For quashing the order dated 27.03.2018 (Annexure 6) passed under Section 250 of the Income Tax Act by the learned Commissioner of Income Tax (Appeals), Ranchi for the Assessment Year 2014-15 upholding the Assessment Order dated 19.12.2016. (iii)For quashing the Original Order passed under Section 143(3) of the Income Tax Act on 19.12.2016 (Annexure 4) so far as it relates to the addition of Rs.15,93,621/- as unexplained investment under Section 69 of the Income Tax Act and addition of Rs.50,250/- as income from other sources under Section 52(2)(vii)(b) of the Income Tax Act. (iv)For quashing fresh revised assessment order dated 30.03.2023 (Annexure 9) passed by the Income Tax Officer, Ward-1, Ranchi for assessment year 2014-15. 3.In the facts and circumstances of the case, this writ petition is disposed of giving liberty to the petitioner to approach the appropriate forum in accordance with law. (Dr. B.R. Sarangi, C.J.) MM/Vedanti (Sujit Narayan Prasad, J.)