Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (12) TMI 927 - AT - Income TaxReopening of assessment u/s 147 - as argued in this case Joint Commissioner did not approve the reasons for reopening, the notice u/s. 148 of the Act is bad in law - HELD THAT:- We do not agree with the said contention of the Ld. AR because as per clause 28(C) of section 2 of the Act which defines the Joint Commissioner means also the person appointed as Additional Commissioner for the purpose of this Act. Since the AO has issued the notice u/s. 148 of the Act after getting approval of the Additional Commissioner which the statute recognizes as also the Joint Commissioner by virtue of section 2(28C) of the Act, the issuance of notice by AO cannot be held as bad. So, the legal issue raised by the assessee is dismissed. Unexplained investment in flat in the name of the assessee - HELD THAT:- AO has noted that the assessee had purchased a flat for ₹ 3,98,945/- which included a deposit of ₹ 1,50,000/- made by draft by the mother of the assessee to the builder. As noted that the assessee's consistent stand was that ₹ 1,50,000/- has been given by her mother Smt. Asha Sharma directly to the builder in the form of draft. In such a scenario, the assessee has discharged her burden to show the source of ₹ 1,50,000/-. Thereafter, if the AO had any doubt about the source of this amount, then the AO was at liberty to proceed against Smt. Asha Sharma which the AO has not done. Therefore, since the assessee has discharged her onus to show the source of ₹ 1,50,000/- no addition could have been legally made against the assessee as per the law in force in AY 1998-99, therefore, the Ld. CIT(A) erred in confirming the addition, therefore, I direct the deletion of addition of ₹ 1,50,000/-. This ground of appeal of assessee is allowed.
|