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| The Tax Publishers2020 TaxPub(DT) 3309 (Asr-Trib) : (2020) 206 TTJ 0513 INCOME TAX ACT, 1961
Section 147
Since there was nothing to suggest that AO had ever applied his own mind and independently arrived at a belief that on the basis of the material which he had before him, income had escaped assessment and made any exercise to find out real controversy and/or material to substantiate initiation of process under section 147, therefore, reopening of assessment under section 147 was not justified.
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Reassessment - Reason to believe - No independent examination by AO as to information received -
AO recorded reason to believe that as per information received in AIR from the Tehsildar, assessee had purchased immovable property and not explained the source thereof and income to that extent escaped assessment. Accordingly, AO reopened assessment and made addition. Held: First and second parts of reasons recorded by AO were only information and third part of so-called reasons was mere reason. From the reasons recorded, it nowhere reflected that as to what information and corroborative materials/records with reference to above issue had been independently examined and verified by AO. There was nothing to suggest that AO had ever applied his own mind and independently arrived at a belief that on the basis of the material which he had before him, income had escaped assessment and made any exercise to find out real controversy and/or material to substantiate initiation of process under section 147. Accordingly, reopening of assessment under section 147 was not justified.
Relied:Sahil Mahajan v. ITO [ITA Nos. 353 & 354/Asr/2016, dated 28-2-2019 by Amritsar Bench)
REFERRED :
FAVOUR : In assedssee's favour.
A.Y. : 2010-11
IN THE ITAT, AMRITSAR BENCH
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