2022 (11) TMI 1029

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....47/143(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 facts and findings and in violation of principles of natural justi....

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.... 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 that in the proforma for obtaining approval of PCIT u/s 151 of the Act at para 8(a), t....

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....ok, 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 similar issue was placed before the ITAT Delhi, SMC Bench in the case of Ajendra Pal Sing....

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....or 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 any verification of the facts then it amounts to omission on the part of AO in complying with the mandatory ....