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2018 (12) TMI 1140 - AT - Income TaxReopening of assessment - reopening on basis of report of the Investigation Wing - non independent application of mind - Held that:- In the instant case, AO has reopened the assessment merely on the basis of the report of the Investigation Wing without independent application of his mind as he is not aware as to whether the assessment is proposed to be made for the first time since the records are not traceable and since the additional CIT in a mechanical manner has given approval, therefore, we are of the considered opinion that the assumption of jurisdiction u/s 147/148 in the instant case is not as per law. Quash the reassessment proceedings initiated by the AO merely on the basis of report of the Investigation Wing and due to non-application of mind. The legal ground raised by the assessee is accordingly, allowed. Since the assessee succeeds on this legal ground, therefore, the grounds relating to the merit of the case become academic in nature and, therefore, are not being adjudicated. - Decided in favour of assessee
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