2025 (9) TMI 1123

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....hat impugned assessment is invalid and without jurisdiction as the reassessment proceedings has been initiated without application of mind and therefore, not in compliance of the mandate of sections 147/148/151/149 of the Income Tax Act therefore such assessment is void ab initio and liable to be quashed." 2. Brief facts of the case are that the assessee has not filed the return of income for the assessment year 2012-13. As per the information available with the department, the assessee had made total cash deposit of Rs. 17,40,500/- during the FY 2011-12 in his bank account maintained with Punjab and National Bank. In view of this, the AO had a reason to believe that the income otherwise chargeable to tax has escaped assessment. Accordin....

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....ion dated 04.08.2025 in the case of Sumit Suneja vs. ACIT decided in ITA No. 3688/Del/2025 (AY 2011-12) wherein, on identical facts and circumstances, 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 is noted from records viz. Page No.10 of the paper book which is a copy 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 a....

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....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 Full Bench of the Hon'ble Jurisdictional High Court in the case of C.I.T. vs. Kelvinator India Ltd. 256 ITR 1, has held that mere change of opinion would not confer jurisdiction upon the Assessing Officer to reopen proceedings without anything further. It was held that if the Assessing Officer is allowed to d....