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2016 (3) TMI 1159 - AT - Income TaxValidity of reopening of assessment - non application of mind by AO - Held that:- Assessing Officer proceeded to record reasons to believe as required for issuance of notice u/s 148 of the Act in a mechanical manner only after mentioning detailed reasons from Investigation Wing of the Department, without applying its independent mind and even without mentioning the date of recording of belief that income has escaped assessment. We are thus, inclined to hold that at the time of initiation of proceedings and issuance of notice, the Assessing Officer had no reason to believe that the income had escaped assessment and that the Assessing Officer proceeded with incorrect assumption of facts and without any basis to initiate proceedings of reassessment u/s 147 of the Act and for issuance of notice u/s 148 of the Act which cannot be sustainable. - Decided in favour of assessee
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