TaxTMI 
TaxTMI 
2018 (2) TMI 1774
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....tion 147 of the Act and the assessment framed under section 147/143(3) of the Act. 3. The brief facts of the case are that the assessee, an Architect by profession filed her return of income electronically on 26/9/2011 showing an income of Rs. 78,91,910/-. The Income-tax Department received an AIR information that the assessee purchased an immoveable property of Rs. 62,92,500/-. Accordingly, the Assessing Officer after recording reasons issued notice under section 148 of the Act, which was duly served on the assessee. The assessment was completed under section 147/143(3) of the Act. The main grievance of the assessee, so far as the legal issue is concerned, is that the assessment framed under section 147/148 of the Act is illegal and wit....
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....he assessee against the flat purchased and documentary evidence of sale consideration received. The assessee filed reply along with copy of allotment letter, bank account statement, etc. before the Assessing Officer. A perusal of record shows that the reassessment proceedings in the instance case were initiated on the basis of information possessed by the Department that an immoveable property as purchased by the assessee for a consideration of Rs. 62,92,500/-. However, in the reassessment proceedings under section 147 of the Act deduction claimed by the assessee under section 54F of the Act was disallowed by the Assessing Officer and the entire amount was added to the income of the assessee. 4. The matter travelled upto the stage of fir....
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....54F of the Act. Therefore, in the light of the judgments of the Hon'ble Gujarat High Court in the case of CIT vs. Mohmed Juned Dadani [2013] 355 ITR 172 (Guj) and Hon'ble Bombay High Court in the case of CIT vs. Jet Airways, 331 ITR 236, the reopening itself is bad and the assessment framed consequent thereto deserves to be annulled. 6. The ld. D.R., on the other hand, submitted that the reasons recorded are specific and clear stating that the Assessing Officer has reason to believe that the income chargeable to tax has escaped assessment which is as per the spirit of the provisions of section 147/148 of the Act and, therefore, the assessment framed under section 147 of the Act was in order and as per law. The ld. D.R. further ar....
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....icular ground or reasons recorded by the Assessing Officer, he reopens the assessment but makes no addition on those grounds and reasons, then whether the Assessing Officer can make addition in that assessment order for some other grounds or reason, which do not form part of the reasons for reopening at all. In our humble understanding, it is in the negative. 8. In the case of CIT vs. Mohmed Juned Dadani (supra), the Hon'ble Gujarat High Court opined that when on the ground on which the reopening of assessment is based, no additions are made by the Assessing Officer in the order of assessment, he cannot make additions on some other grounds which did not form part of the reasons recorded by him. In this judgment, we also find referenc....
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.... However, the Legislature could not be presumed to have intended to give blanket powers to the Assessing Officer that on assuming jurisdiction under section 147 of the Act regarding assessment or reassessment of the escaped income, he would keep on making roving inquiry and thereby including different items of income not connected or related with the reasons to believe, on the basis of which he assumed jurisdiction. 9. We also find that in the case of CIT vs. Shri Ram Singh reported in 306 ITR 343, the Division Bench of the Hon'ble Rajasthan High Court has held that the Assessing Officer was justified in initiating proceedings under section 147/148 of the Act, but then, once he came to the conclusion that the income, with respect to ....