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2020 (2) TMI 1382 - AT - Income TaxValidity of reopening of assessment - absence of conditions precedent for issuance of notice u/s 148 - undisclosed income - HELD THAT:- From the the reasons, it is clear that the Assessing Officer has not formed an opinion at all about the existence of the concealed income. Assessing Officer merely desires to “verify” a claim of investment. Assessing Officer further underlines the “necessity to unearth the undisclosed income”. Assessing Officer failed to crystallize the existence of fact of concealed income. After hearing both the parties and considering the said order of the Tribunal in assessee’s own case [2019 (10) TMI 905 - ITAT PUNE] find identical issue already adjudicated by the Tribunal and decided the same in favour of the assessee. Assessing Officer was not justified in taking recourse to the provisions of section 147 - Decided in favour of assessee.
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