Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (10) TMI 1469 - ITAT DELHIReopening of assessment u/s 147 - validity of reasons to believe - non independent application of mind by AO - HELD THAT:- AO has not applied his mind while recording his reasons without assigning any valid reasons that no reasons have been given to make out a case that income of the assessee has escaped assessment for the impugned assessment year. Such vague reasons without the application of mind cannot give rise to acquisition or jurisdiction by the AO for the reassessment and therefore same are directed to be quashed. AO issued notice u/s 148 of Act on the wrong and invalid assumption of Jurisdictional and all subsequent proceedings is pursuance thereto can’t be held as sustainable and valid hence, the same deserve to be quashed and we quash the same. See G & G PHARMA INDIA LTD. [2015 (10) TMI 754 - DELHI HIGH COURT] - Decided in favour of assessee.
|