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2015 (11) TMI 1802 - AT - Income TaxReopening of assessment u/s 147 - non independent application of mind by AO - addition u/ 68 - HELD THAT:- As relying on G & G PHARMA INDIA LTD. [2015 (10) TMI 754 - DELHI HIGH COURT] Reopening is bad in law as in this case the A.O. has not independently applied his mind to the information received so as to form an opinion that income chargeable to tax has escaped assessment in the case of the assessee. He has not stated as to how the material gathered by the Investigation Wing has nexus with the assessee. The report and the finding of the Investigations Wing have to be relied upon by the A.O. without any independent verification. Merely discussing the modus operandi will not lead the A.O. to form a reasonable belief that income chargeable to tax of the assessee has escaped assessment. Hence in my view the reopening of the assessment is bad in law. - Decided in favour of assessee.
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