Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (3) TMI 65 - ITAT KOLKATAReopening of assessment u/s 147 - Notice after expiry of four years from the end of the relevant assessment year - addition made u/s. 40(a)(ia) for non-deduction of tax - HELD THAT:- We find merit in the pleadings of the Ld. A.R. that reopening has to be made in terms of stipulation of 1st Proviso to section 147. We find that in the present case the Assessing Officer as well as CIT(A) failed to demonstrate any failure on the part of the assessee to fully and truly disclose the material facts for the income which is related in the assessment of income. After perusal of the records before us, we find that there was a mistake of mentioning the correct assessment year while deducting the TDS and therefore, the tax deducted at sources by the assessee did not get displayed on the TIN system which was got rectified later on and the TDS deducted appeared correctly in the TIN system of the assessee. Under the circumstances, we are of the considered view that reopening has been made without satisfying the conditions as envisaged in the 1st Proviso to section 147. Even on merits, the assessee has fool proof case. In our opinion that no meaningful purpose would be served except wastage of time and resources. Accordingly we set aside the order of the CIT(A) by holding that the reopening has not been validly made and the reassessment proceedings and consequent assessment framed is quashed. - Decided in favour of assessee.
|