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2021 (8) TMI 81 - AT - Income TaxReopening of assessment u/s 147 - Unexplained income of the assessee u/s 68 - HELD THAT:- Documents were available with the ld. Assessing Officer at the time of making original assessment under Section 143(3) - Assessing Officer asked for the detailed explanation of the assessee on these documents during the course of original assessment. Assessee also submitted its explanation in the original assessment proceedings and based on these documents assessee also surrendered certain income during the course of original assessment. Assessing Officer accepted the explanation of the assessee, passed the original assessment order under Section 143(3). Assessing Officer applied his mind on the same set of documents which were examined by him during the course of original assessment proceedings. Therefore it is evident that there is absence of any tangible material coming into his possession of the LD AO after passing of the original assessment order. It is imperative to re-open the case of the assessee that there has to be fresh tangible material in the possession of the AO which was not available during the course of original assessment order. Otherwise the ld. Assessing Officer does not have power to re-open the case of the assessee on same material, when the original assessment was made under Section 143(3) of the Act on the same set of documents. DR also could not show us that what was the fresh tangible material coming into the possession of the Assessing Officer after completion of the assessment - CIT (Appeals) has incorrectly upheld the action of the ld. Assessing Officer in re-opening of the assessment.- Decided in favour of assessee.
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