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| The Tax Publishers2020 TaxPub(DT) 2299 (Mum-Trib) INCOME TAX ACT, 1961
Section 147
Reopening of assessment as an abundant caution by AO on the basis of an internal audit objection could not be upheld particularly when the same officer himself had objected such reopening on merit, consideration whereof had already been done by him in original proceeding.
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Reassessment - Validity - Reason to believe - As an abundant caution by AO on the basis of an internal audit objection much after laspe of four years from the end of relevant asst.yr.
AO reopened assessment after expiry of four years from the end of relevant asst. yr. as an abundant caution by AO on the basis of an internal audit objection as regards non-deduction of tax at source under section 195 from payments made to non-resident.Held: As evident re-assessment was made on the basis of internal audit objection on 4-3-2015, much after the elapse of four years from the end of relevant assessment year 2008-09, i.e., from 31-3-2008. Moreso in reasons for re-opening of assessment under section 148 has not pointed out as to how assesse failed to disclose fully and truly all material facts necessary of assessment, for that assessment year particularly in view of 'proviso' to section 147. Accordingly, reopening as an abundant caution by AO on the basis of an internal audit objection could not be upheld particularly when the same officer himself had objected such reopening on merit, consideration whereof had already been done by him in original proceeding.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2008-09
INCOME TAX ACT, 1961
Rule 34(5)(c)
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