2023 (8) TMI 97

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....ax Appellate Tribunal [in short, "Tribunal"]. 3. According to Mr Aseem Chawla, learned senior standing counsel, who appears on behalf of the appellant/revenue, the only issue which arises for our consideration is: Whether the Tribunal had erred in law, by ruling in favour of the respondent/assessee, that the reassessment proceeding was not triggered validly, i.e., as per law. 4. The reasons to believe furnished by the Assessing Officer (AO), dated 06.09.2005, indicate that the reassessment proceeding was triggered on the following two (2) grounds : (i) First, the respondent/assessee had not deposited the employer's and employees' contribution with the statutory authorities administering the Provident Fund and ESI fund, amount....

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.... to tax has escaped assessment. Moreover, the reasons so recorded, further do not have any mention about the tangible material, which triggered the AO to reopen the completed assessment. The assessee had produced books of accounts before the AO in original proceedings which were test checked by the AO. It is also born out on record that specific notes to the computation of income, as reproduced above, were available on record before the Assessing Officer while completing the original assessment order. Therefore, it can hardly be said that there was any omission on the part of the assessee to produce all the material facts necessary for completion of assessment. The reasons recorded are silent as to the tangible material, whatsoever, leading....

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....is expected of him the primary facts while submitting the returns. It is up to the AO to draw the necessary inferences. In the present case the Aos omission appears to have been the sole basis for issuing the reassessment notice and consequently proceeding to make the impugned demand. In the light of the above discussion this petition has to succeed. The impugned notice, dated 20.3.2012 and the demands arising consequent to it through the notice dated 03.10.2012 and 09.11.2012 are hereby quashed." In view of the above discussion, we find merit in the legal grounds raised by the assessee against the validity of re-opening of assessment. Accordingly, the notice issued u/s. 148 of the Act is held as invalid, thereby quashing ....