The Tax Publishers2023 TaxPub(DT) 5538 (Del-Trib)

INCOME TAX ACT, 1961

Section 147

Where AO was having information regarding purchase of an immovable property by assessee and the assessee did not file his return of income for relevant assessment year; the AO was justified in initiating proceedings under section 147.

Reassessment - Validity - AO got information regarding purchase of an immovable property by assessee - Assessee did not file return of income for relevant assessment year

Assessment was reopened and a notice under section 148 was issued to assessee. In response to notices issued under section 144 read with section 142(1), the assessee attended office of AO. Accordingly, assessment was completed after making addition under section 69A. Assessee challenged validity of initiation of reassessment proceedings. It was contended that the notice under section 148 was issued at a wrong address. Further, it was contended that there was no application of mind by the AO, as the reason for reopening of the assessment as per the AO, was that the assessee purchased an immovable property, however, the property was jointly purchased. Held: AO was having some information regarding purchase of an immovable property by assessee and the assessee did not file his return of income for relevant assessment year. Therefore, the AO was justified in initiating proceedings under section 147. Further, the assessee stated that notice under section 148 was issued on a wrong address. However, it was on record that the assessee participated in the proceedings. Hence, reopening of assessment was valid.

REFERRED :

FAVOUR : Against the assessee

A.Y. : 2009-10


INCOME TAX ACT, 1961

Section 69A

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