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2023 (11) TMI 27 - ITAT DELHIReopening of assessment u/s 147 - change in 'reason to believe' - additions in respect of other income - HELD THAT:- Re-assessment has been made on altogether different grounds than what is recorded in the reasons for reopening the assessment. As per the reasons recorded, allegation of escapement is with reference to income claimed as exempt under Section 10(38) in relation to trading in the scrips of a concern Amulya Leasing and Financing Ltd. However, a perusal of the re-assessment order shows that the additions have been made by invoking Section 68 holding the same to be unexplained cash credit. Thus, the ‘reason to believe’ which in the first instance, impelled the Department to reopen the proceedings has undergone a complete change. As well settled that once the Assessing Officer assumes jurisdiction to reopen the proceedings under Section 148, he cannot independently make additions in respect of other income which escapes assessment unless the Assessing Officer makes some additions based on allegations in the reasons recorded. See JET AIRWAYS (I) LTD. [2010 (4) TMI 431 - HIGH COURT OF BOMBAY] and Living Media India Ltd.[2013 (6) TMI 128 - DELHI HIGH COURT] In the instant case, the foundation of reopening has been knocked out and additions have been made on unrelated grounds which is not permissible in law. Thus, the additions under challenge are not permissible in law. Hence, such impugned additions are liable to be quashed. Decided in favour of assessee.
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