TaxTMI 
TaxTMI 
2021 (8) TMI 1156
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.... assessee has filed his Income Tax Return on time, obtained the Tax Audit Report on time and the return so filed was processed and refund was granted by the department which is duly posted in 26AS by the department, despite that reassessment proceedings were initiated for the reason that the assessee did not file his ITR, thus the very basis of selection of the case for reassessment u/s. 147/148 of the Act is ill founded, grossly incorrect and false and in contradiction with the facts available with the department, hence, the reassessment proceedings and resultant assessment order passed u/s. 148 is invalid ab initio and need to be quashed in toto for the sake of justice. 3. The reassessment proceedings were undertaken and initiate....
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....artment, hence the reassessment proceeding and resultant assessment order passed u/s. 148 is invalid ab initio and need to be quashed in toto for the sake of justice. 3. The reassessment proceedings were undertaken and initiated without application of mind by the ld. AO, hence the same are highly unjustified and are not tenable in law hence the resultant assessment order needs to be quashed in entirely. 2. The hearing of the appeal was concluded through video conference in view of the prevailing situation of Covid-19 Pandemic. 3. In this appeal, the assessee has raised additional ground which is against initiation of reassessment proceedings U/s 147 of the Income Tax Act, 1961 (in short, the Act). The assessee in his prayer h....
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....ho after considering the submission of parties and material placed on record, given part relief to the assessee. Against the said order of ld. CIT(A), the assessee has preferred the present appeal before the ITAT on the grounds mentioned above. 8. The main grievance of the assessee relates to initiation of reassessment proceedings U/s 147 of the Act. In this regard, the ld. AR has relied on the written submissions filed before the Bench and the same is reproduced below: "1. It is apparent that the assessee had complied with all the provisions of the Income tax as applicable to him for assessment year 2008-09 as below: i. Obtained the audit report in terms of section 44AB of the IT Act, 1961 within prescribed time limit.....
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.... apparent in this case and without application of his mind on the material before him, renders the reassessment proceedings u/s. 148 invalid ab-initio. Reliance is placed on the decision of this honorable bench in ITA/1014/JP/2018 in the case Shri Ram Mohan Rawat, Jaipur Vs. ITO Ward 2(1) Jaipur, where in the reassessment proceeding were initiated by the ld. AO by recording the reasons that the assessee had not filed his ITR, which was found incorrect later, it was held. "Accordingly, in view of the above facts and circumstances of the case, when the AO has initiated the proceedings on the basis of non-existent and factually incorrect facts and reasons without application of mind and without verification of the facts avail....
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.... written and we also reproduce the same as under: "In the case the assessee has not filed his ITR declaring total income u/s. 139(1)/139(4) of the IT Act, 1961 for assessment year 2008-09 and filing of ITR has not been found from the AST system subsequently, the then AO issued notice u/s. 148 of the IT Act on 25.03.2015." 11. In this context, the ld. AR specifically submitted that the ITR in the present case was filed on time and the assessee had also obtained tax audit report and the report so filed was also processed and refund was granted by the department which is duly posted in 26AS by the department. However, despite that it is the factual position, the present proceedings were initiated on the reasons that the assessee di....