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2015 (12) TMI 825 - AT - Income TaxReopening of assessment - Held that:- Undisputedly in the instant case, nothing has been brought out by the Assessing Officer that income chargeable to tax has escaped assessment on account of failure on the part of the assessee as the assessee has declared all the details and raised a claim of 100% depreciation. Moreover, the issue on which assessment was reopened was already examined by the AO while allowing the claim in the original assessment. In the light of these facts, we are of the considered view that the assessment was reopened without the jurisdictional foundation u/s 147 of the Act. Therefore, the notice u/s 148 and subsequent proceedings are without jurisdiction and liable to be quashed - Decided in favour of assessee.
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