Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (11) TMI 1626 - AT - Income TaxReopening of assessment u/s 147 - Addition being the gift received from various relatives - HELD THAT:- No doubt that assessee has filed various decisions of the Hon’ble High Courts, but the decision of the Hon’ble Gujarat High Court reported in Manzil Dineshkumar Shah [2018 (5) TMI 1176 - GUJARAT HIGH COURT] is directly applicable in the case in hand by which the legal issues involved in this appeal are squarely covered in favour of the assessee wherein as has held that reopening of the assessment would not be permitted for a fishing or a roving inquiry, because in the assessment the AO has gone through all the facts and taken one decision. The notice u/s. 148 of the I.T. Act has been issued on the income which according to the reopening subject has already been disclosed by the assessee in the original return of income and has also been enquired and taken one decision. Thus notice of reopening u/s. 148 of the Act on this issue was merely for making fishing or roving inquiries which would not permit the requirement of reopening. Thus reassessment in dispute is hereby quashed by allowing the appeal of the assessee.
|