Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 1617 - AT - Income TaxReopening the assessment u/s 147 - addition of cash credit - Held that:- When the same AO repeated the addition of cash credit in the set aside proceedings in case of M/s. Rasal Builders and Developers Pvt. Ltd. vide order dated 06.12.2010, the reopening after the order of ld. CIT (A) is nothing but based on the satisfaction of the ld. CIT (A). AO reaffirming its stand in the case of M/s. Rasal Builders and Developers Pvt. Ltd. in two rounds of proceedings cannot be allowed to resort to provisions of section 148 when his stand was reversed by the ld. CIT (A) in the second round of litigation. What the AO failed to do on his own cannot be done on the basis of the order of the appellate authority in the case of other assessee. The notice issued u/s 148 was only after receiving the letter dated 23rd September, 2011 and, therefore, the reopening is only in compliance of the said letter and not based on the opinion and independent application of mind of the AO. We set aside and quash the reopening of the assessment being not sustainable in law and consequently the reassessment order is set aside. - Decided in favour of assessee
|