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ITA No. 5146/DEL/2025

ARVIND JAIN VS.

ITO WARD 5(1)(1), UTTAR PRADESH

IN THE INCOME TAX APPELLATE TRIBUNAL

DELHI BENCH ‘E’, NEW DELHI

BEFORE SHRI VIMAL KUMAR, JUDICIAL MEMBER

&

SMT. RENU JAUHRI, ACCOUNTANT MEMBER

ITA No. 5146/DEL/2025

Assessment Year: 2014-15

Shri Arvind Jain Vs ITO Ward 5(1)(1)

487, 2^nd Floor, Haveli Haider Kuli, G Budh Nagar

Chandni Chowk Noida

New Delhi- 110006 Uttar Pradesh

(APPELLANT) (RESPONDENT)

PAN No. ACAPJ9132E

Assessee by : Shri Sandeip S Nager, CA

Shri Gaurav Sachdeva, CA.

Department/Revenue by : Ms. Ankush Kalra, SR. DR

Date of Hearing: 16.12.2025 Date of Pronouncement: 23.12.2025

ORDER

PER RENU JAUHRI, AM:

1. This appeal is filed by the assessee is preferred against the order of the

Ld. CIT(A), National Faceless Appeal Centre (for short, NFAC), passed

in DIN & Order No. ITBA/NFAC/S/250/2025-26/1077784466(1), for A.Y.

2014-15, u/s 250 of the Income Tax Act, 1961(hereinafter referred to as,

“Act”), order dated 25.06.2025. The Assessment was framed by AO u/s

147 r.w.s.144B of the Act, vide order dated 24.05.2023.

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ITA No. 5146/DEL/2025

ARVIND JAIN VS.

ITO WARD 5(1)(1), UTTAR PRADESH

2. The grounds of appeal are reproduced as under:

“(a) That on the facts and in the circumstances of the case,

the disallowance and/OR denial of claims and/OR Iosses,

imposition of tax with reference thereto, the quantification

of tax liability, has been grossly unjustified, erroneous and

unsustainable and necessary direction may be given to

the ('Ld. AO') to give appropriate relief in accordance with

law.

(i) That on the facts and in the circumstances of the

case, the order passed by the Ld. AO u/s 147 of the

Act dated 24-05-2023 is illegal, perverse and bad in

law. 1.2 That on the facts and in the circumstances

of the case, the Ld. AO has grossly erred in passing

the order u/s 147 r.w.s. 144B dated 24-05-23 without

considering the detail/submissions/reply filed by the

appellant from time to time.

(b) That on the facts and in the circumstances of the case,

the CIT(A) erred in confirming the order of the Ld. AO

erred in reopening the assessment u/s 148 of the Act

since the time limit for issuance of notice u/s 149(1) had

elapsed.

(c) That on the facts and in the circumstances of the case,

the order passed u/s 148, 148A(b), and 148A(d) of the Act

by the Jurisdictional AO (JAO) instead of the Faceless AO

(FAO) is contrary to the Faceless Assessment Scheme

rendering the reopening of proceedings void and illegal.

(d) That on the facts and the circumstances of the case and

without prejudice to the ground taken herein above, the

Ld. AO has grossly erred in reopening the assessment u/s

148 of the Act since the alleged transaction is outside the

purview of section 149 as same is not covered under the

definition of assets.

(e) That on the facts and the circumstances of the case and

without prejudice to the ground taken herein above, the

order 5 passed u/s 147 of the Act is illegal, bad in law and

hence need to be quashed as evidence produced based

on which it has been alleged that income has escaped

assessment were insufficient.

(i) Without prejudice to the above, it may be noted

that all the material on the basis of which the Ld.

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ITA No. 5146/DEL/2025

ARVIND JAIN VS.

ITO WARD 5(1)(1), UTTAR PRADESH

AO had reasons to believe that the income had

escaped assessment was available on record at

the time of completion of assessment u/s 143(3) of

the Act.

(f) That on the facts and the circumstances of the case and

without prejudice to the ground taken herein above,

appellant has not entered into any such alleged

transaction.

(i) That on the facts and the circumstances of

the case and without prejudice to the ground

taken herein above, that addition should be

restricted to profit element embedded on

alleged transaction.

(ii) That on the facts and the circumstances of the

case and without prejudice to the ground

taken herein above, it may be noted that

CIT(A) has erred in confirming the actions of

the Ld. AO in disallowing purchases without

disturbing sales.

(g) That on the facts and