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| The Tax Publishers2019 TaxPub(DT) 6530 (Del-Trib) INCOME TAX ACT, 1961
Section 147
As evident from reasons recorded for reopening of assessment, notice under section 148 had been issued mechanically without application of mind and satisfaction of AO was only borrowed satisfaction of invetigation wing. Accordingly, AO wrongly assumed jurisdiction under section 148 in violation of mandatory jurisdictional conditions and therefore, reassessment order was quashed as invalid.
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Reassessment - Validity - Reason to believe - Borrowed satisfaction of investigation wing
AO received information from investigation wing as to assessee having routed its unaccounted income through entry operators, accordingly, AO reopened assessment and made addition.Held: As evident from reasons recorded for reopening of assessment, notice under section 148 had been issued mechanically without application of mind and satisfaction of AO was only borrowed satisfaction of investigation wing. Accordingly, AO wrongly assumed jurisdiction under section 148 in violation of mandatory jurisdictional conditions and therefore, reassessment order was quashed as invalid.
Followed:SBS Realtors (P) Ltd. v. ITO ITA No. 7791/Del/2018 : 2019 TaxPub(DT) 1991 (Del-Trib).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2011-12
IN THE ITAT, DELHI BENCH
H.S. SIDHU, J.M.
Luxe Trading & Holding (India) (P) Ltd. v. ITO
ITA Nos. 6677/Del/2018, 1268, 2009/Del/2019
14 August, 2019
In favour of assessee.
Assessee by: Kapil Goel, Advocate
Department by: S.L. Anuragi, Sr. DR.
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