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| The Tax Publishers2020 TaxPub(DT) 3293 (Pune-Trib) INCOME TAX ACT, 1961
Section 147
Addition made in reassessment on a ground different from the one for which notice under section 148 was issued lacked legality.
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Reassessment - Validity - Addition made on different ground- - No addition on subject matter of section 148 notice.
AO reopened assessment so as to make disallowance under section 40A(3), however, AO made addition on account of bogus purchases without making disallowance under section 40A(3).Held: AO could not proceed with reassessment if grounds mentioned in re-assessment were non-existent, i.e., if no addition was made on that score. Accordingly, reassessment was set aside.
Supported by:CIT v. Jet Airways (I) Ltd. (2011) 331 ITR 236 (Bom) : 2011 TaxPub(DT) 218 (Bom-HC) and Godrej Industries Limited v. B.S. Singh, Dy. CIT & Ors. (2015) 377 ITR 1 (Bom) : 2015 TaxPub(DT) 3253 (Bom-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2009-10
IN THE ITAT, PUNE 'SMC', PUNE BENCH -- VIRTUAL COURT
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