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The Tax PublishersITA No. 8748/Del/2019
2020 TaxPub(DT) 4705 (Del-Trib)INCOME TAX ACT, 1961
Section 147
Reasons recorded by AO for reopening were based on presumption and without application of mind by stating therein that assessee had not filed its return of income whereas the evidences produced by the assessee, clearly established that the assessee filed the return of income for the assessment year in dispute. Therefore, the reassessment in the instant case was bad in law and accordingly the same was liable to be quashed.
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Reassessment - Validity - Reasons recorded for reopening were based on presumption - Non-application of mind by AO
Assessee-HUF challenged validity of reassessment order passed under section 147. It was submitted that in reasons recorded by AO for reopening, he stated that assessee had not filed any voluntary return. However, the assessee already filed the return of income as stated by the AO in the reassessment order. Accordingly, the assessee submitted that the notice issued by the AO under section 148 was without application of mind and therefore, the reassessment was bad in law. Held: Reasons recorded by AO for reopening were based on presumption and without application of mind by stating therein that assessee had not filed its return of income whereas the evidences produced by the assessee, clearly established that the assessee filed the return of income for the assessment year in dispute. Therefore, the reassessment in the instant case was bad in law and accordingly the same was quashed.
REFERRED : Pr. CIT v. RMG Polyvinyl (I) Ltd. (2017) 83 taxmann.com 348 (Delhi) : (2017) 396 ITR 5 (Delhi) : 2017 TaxPub(DT) 2034 (Del-HC).
FAVOUR : In assessee's favour
A.Y. : 2011-12
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