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2021 (7) TMI 507 - AT - Income TaxReopening of assessment u/s 147 - addition u/s 68 - non independent application of mind by AO - borrowed satisfaction - HELD THAT:- Reopening was made on the basis of the report of the Investigation Wing and there is no independent application of mind by the AO for the reopening. The Hon'ble High Court in a number of cases have held that the reopening on the basis of the report of the Investigation Wing without independent application of mind by the AO is not valid. Accordingly, the reassessment proceedings which were based on the report of the Investigation Wing and without independent application of mind by the AO have been held to be illegal. Since the AO, in the instant case, has reopened the assessment on the basis of report of the Investigation Wing and there appears to be no independent application of mind by the AO for reopening of the case, therefore, the reassessment proceedings initiated by the AO in the instant case, in our opinion, is not proper. Decided in favour of assessee.
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