Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (7) TMI 1043 - AT - Income TaxReopening of assessment u/s 147 - Lack of jurisdiction of the authorities below - Reasons to believe - non- filing of return - HELD THAT:- Reasons so recorded by the ITO, Ward-3, Gandhinagar of escaping assessment by the assessee as chargeable to tax mainly on the basis of the fact of not filing of return for the year under consideration by the appellant seems to be absolutely wrong in view of the mentioning filing of return by the assessee on 10.01.2015 much prior to the recording of reasons by the ITO, Ward-3, Gandhinagar dated 19.04.2016 itself. The very basis of reopening of assessment was found to be incorrect which leads to the belief of escaping assessment by the assessee and finally culminating into the order of addition under Section 143(3) r.w.s. 147 of the Act. The entire proceeding is thus liable to be quashed in view of wrong foundation. It appear the very basis of assessment u/s 148 of the Act on the wrong finding of fact of non- filing of return by the appellant found to be non-sustainable, we do not find any reason to deviate from the stand taken by DEEPAK WADHWA [2021 (3) TMI 332 - DELHI HIGH COURT] and SAGAR ENTERPRISES [2001 (12) TMI 18 - GUJARAT HIGH COURT]. In the case in hand, initiation of proceeding by recording of reasons by the ITO, Ward-3, Gandhinagar on the fact of non-filing of return of income for the year under consideration by the appellant which admittedly is found to be wrong, particularly, in view of the recording of filing of return by the appellant by the Ld. AO found to be bad in law. Thus, the entire proceeding is thus vitiated and found to be not sustainable in the eye of law and therefore, quashed. Decided in favour of assessee.
|