2022 (11) TMI 1029

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....ed assessment and passing the impugned order u/s 147/143(3), is bad in law and against the facts and circumstances of the case and more so when statutory conditions as stipulated u/s 147 to 151 have not been complied with. 2. That in any case and in any view of the matter, assumption of jurisdiction in reopening the assessment u/s 147, iGBP bad in law and against the facts and circumstances of the case. 3. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in making addition of Rs. 12,04,700/- on account of cash deposit in bank account of assessee u/s 68 by treating it as alleged income of assessee and that too by recording incorrect fa....

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....impugned reassessment order passed u/s 147 r.w. section 143(3) of the Act is not sustainable being bad in law, therefore, the same should be quashed. 4. Replying to the above, the ld. Sr. DR strongly supported the assessment as well as the first appellate order and submitted that as per the Board's pilot projects for non-filers of income-tax return, it was noticed that the assessee has deposited a sum of Rs.12,04,700/- in cash with the savings bank account held with Canara Bank, Vikas Puri Branch, New Delhi, and the AO was unable to find the return of income filed by the assessee for AY 2011-12. Therefore, he had reason to believe that income had escaped assessment for AY 2011-12. 5. In the rejoinder, the ld. Counsel also submitted th....

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....hat from the reasons recorded by the AO available at page 7 of the assessee's paper book, it is amply clear that the AO noted that the assessee has not filed the return of income for AY 2011-12 whereas the copy of the return of income available at pages 1-5 of the assessee's paper book clearly reveals that the assessee did file the return of income for AY 2011-12 on 31.03.2012. It is also clearly discernible that in the proforma for obtaining approval u/s 151 of the Act, in column 8(a), the AO noted that the assessee has not filed any return of income. Therefore, I safely presume that the AO has proceeded to initiate reassessment proceedings u/s 147 of the Act and issued notice u/s 148 on incorrect facts without application of mind. The sim....

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....red opinion that assessee has successfully demonstrate that PAN No. BAHPS3364R and filed return of income for A.Y. 2009-10 on 18.02.2010 whereas the Assessing Officer in the reasons recorded for reopening the assessment stated that no return has been filed by assessee. This shows casual approach of Assessing Officer in initiating reassessment proceedings on the basis of incomplete details regarding filing of ITR by assessee for A.Y. 2009-10. In this situation and in view of proposition rendered by ITAT, Delhi in the case of Shri Jagat Singh (supra), I am compelled to hold that reassessment proceedings u/s 147 of the Act and notice u/s 148 of the Act is issued without application of mind by AO on the basis of incomplete information without a....