2025 (8) TMI 1701

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....eted without complying with legal requirements of provisions of section 147/148 of the Income Tax Act therefore such assessment is void ab initio and liable to be quashed. 2. The authorities below has erred both in law and circumstances of the case in initiating action u/s. 147 of the Act ignoring the fact that the proceedings have been initiated without application of independent mind on the material, if any, available. In view of the above defects in the compliances the resultant reassessment proceedings are required to be set aside. 3. The authorities below has erred both in law and circumstances of the case in initiating action u/s. 147 of the I.T. Act ignoring the fact that the proceedings have been initiated by mecha....

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....p;2430/Del/2023 (AY 2012-13) wherein on similar facts the assessment was quashed by the Tribunal. 5.1 Per contra, Ld. DR relied upon the order of the Ld. CIT(A)/NFAC and submitted that the same does not require any interference, hence, the same may be confirmed. 6. I have heard rival contentions and perused the relevant records. 6.1 It reveals from records that i.e. Page No. 40 of the paper book which is the Form for recording the reasons for initiating proceedings u/s. 148 and for obtaining approval of the Pr. CIT for reopening of assessment, in column 7 of the said Form the AO has stated that the provisions applicable for reopening of assessment is section 147(a) of the Act. The ld. Counsel for the assessee submits that the ....

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....al from the appropriate authority u/s. 151 of the Act. Perusal of Form for recording the reasons for initiating proceedings u/s. 148 for obtaining approval of the Pr. CIT, Delhi -8, New Delhi which is placed at Paper Book page no. 38 suggests that the AO mentioned the provisions under which the assessment was reopened as 147(b) of the Act. It is observed that the provisions of section 147(a)/147(b) have seized to be in the statute book from 1.4.1989. Therefore, mentioning all these incorrect and non-existent sections for obtaining approval for recording the reasons for initiating proceedings u/s. 148 is a clear case of non-application of mind by the AO and also by the authorities providing satisfaction u/s. 151 of the Act." We find that Ful....