Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (9) TMI 191 - AT - Income TaxValidity of reopening of assessment - non recording of reasons before triggering reassessment proceedings - mandatory requirements of recording of reasons - HELD THAT:- Date of issue of notice was 21/08/2013 whereas the reason were recorded on 27/08/2013 which was in violation of express provisions of Sec.148(2). The logic is simple. The recording of reasons would be an essential pre-requisite before triggering reassessment proceedings against the assessee. The case could be re-opened only in case Ld. AO had reasons to believe that certain income escaped assessment in the hands of the assessee. The formation of that belief is sine qua non before reopening the case of the assessee and therefore the same should precede the issue of notice u/s 148. Notice u/s 148 could not predate the reasons recorded by Ld. AO since the same would defeat the jurisdictional requirement of satisfaction on the part of Ld. AO before reopening the case of the assessee. This jurisdictional requirement is mandatory one and the same could not be overcome by mere fact that the assessee did not object to the same or participated in the assessment proceedings. See RAJOO ENGINEERS LTD. [2008 (7) TMI 1013 - GUJARAT HIGH COURT] - Decided in favour of assessee.
|