2021 (6) TMI 242

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....f appeal Ld. DR submitted before us that the issue has rightly been reopened by the Ld. A.O u/s. 147 of the Act on the ground of calculation of capital gain, wherein the consideration of the sale of the property in question was taken less than the guideline value. On the basis of such information notice u/s. 148 of the Act was issued and completed assessment upon making addition of Rs. 11,01,028/- in the hands of the appellant. He ultimately relied upon the order passed by Ld. A.O. 3. On the other hand Ld. Counsel appearing for the assessee relied upon the order passed by Ld. CIT(A). He raised objection on the point of maintainability of the reopening of assessment by issuance of notice u/s. 148 dated 27.03.2017 which was admittedly issu....

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.... (i) CIT V/s. Kelvinator India Ltd. 320 ITR 561 (ii) ITO V/s. Techspan India (P) Ltd. (2018) 404 ITR 10(SC) (iii) Asteroids Trading & Investment Pvt. Ltd. V/s. DCIT (2009) (iv) CITV/s Usha International Ltd. 348 ITR 484 (Delhi) 4. We have heard the rival submissions made by the respective parties. We have also perused the relevant materials placed on record including the order passed by the Ld. A.O under section 148 of the Act, Original Assessment Order under section 143(3) of the Act and impugned appellate order before us. 5. The brief facts relating to this case is that the Ld. A.O reopened the case of the appellant on the ground that calculation of the capital gain is arising out of the sale of prope....

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....ither any new material and/or information has been brought by the learned AO for reopening of assessment. 6. We have further considered the judgment relied upon by the Learned AR particularly in the matter of CIT V/s. Kelvinator India Ltd., reported in 320 ITR 561. After going through the ratio laid down in the said judgment we are of the considered opinion that when reopening has been done on the same set of facts/documents and/or information is by the Ld. AO in the instant case the same cannot be indulged which would amount to give premium to the authority exercising quasi-judicial function to take benefit of its own wrong. Apart from that while reopening no allegation was made by the learned AO of failure on the part of the assessee t....