Invalid Re-opening of Assessment under Section 147 due to Lack of Fresh Material

M/s. M. Sayarchand Mehta (HUF) Versus Income Tax Officer Ward–18 (3) (3)

M/s. M. Sayarchand Mehta (HUF) Versus Income Tax Officer Ward–18 (3) (3) - TMI Issues:
1. Validity of re-opening assessment under section 147 of the Income Tax Act, 1961.
2. Addition of unexplained cash credit under section 68 of the Act.

Issue 1: Validity of re-opening assessment under section 147:
The appellant challenged the re-opening of assessment under section 147, arguing that there was no fresh tangible material for re-opening, making it a mere change of opinion. The original assessment was based on the Balance Sheet, and the re-opening was solely due to a difference in cash balance shown in the original and revised returns. The Tribunal noted that the Assessing Officer had no new material, and re-opening based on the same facts amounted to a change of opinion. Citing judicial precedents, the Tribunal held that tangible material must exist for re-opening, which was lacking in this case. Consequently, the re-opening was deemed invalid, and the assessment order was quashed.

Issue 2: Addition of unexplained cash credit under section 68:
The Assessing Officer re-opened the assessment due to a difference in cash balance shown by the assessee in the original and revised returns. The Officer treated this difference as unexplained cash credit under section 68 of the Act. However, as the Tribunal found the re-opening invalid, the addition made under section 68 became redundant and was not adjudicated upon. Therefore, the Tribunal allowed the appeal, considering the re-opening invalid, and the subsequent addition under section 68 unnecessary.

The Tribunal's decision highlighted the importance of tangible material for re-opening assessments under section 147 and emphasized that re-opening based on the same facts without new evidence constitutes a change of opinion, rendering it invalid. The judgment clarified the legal principles governing the validity of re-opening assessments and the consequences on subsequent additions based on such re-openings.