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2017 (5) TMI 836 - ITAT DELHIReopening of the assessment u/s 147 - addition made to capital gains by taking the sale consideration of the land at ₹ 40 lacs instead of actual sale consideration of ₹ 6 lacs - Held that:- It is clear that there was only a photo copy receipt which was made basis for reopening of the assessment which has no evidentiary value. Therefore Ad CIT should have verify the facts and applied his mind before granting approval to the reopening of the assessment. He has merely quoted in Column 12 “ I am satisfied” . It would be therefore clear from the fact of the case and on the basis of the aforesaid decisions relied upon by Ld. Counsel for assessee that the AdCIT has accorded his satisfaction in a mechanical way and as such the reopening of the assessment is wholly unjustified. In view of the above discussion it is clear that reopening of the assessment in the matter is wholly unjustified. - Decided in favour of assessee. 11. In view of the above discussions I set aside the orders of authorities below and quash the reopening of assessment in the matter. Resultantly additions made in the reassessment order stand deleted. There is no need to decide the other contentions raised by Ld. Counsel for assessee on merits.
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