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2022 (4) TMI 959 - AT - Income TaxReopening of assessment u/s 147 - bogus purchase of Bitumen - HELD THAT:- Beyond doubt, the Assessing Officer had not made any disallowance qua the alleged bogus purchases of bitumen emulsion that were claimed by the assessee to have been made from M/s. Baba Basukinath Petrochemicals Ltd, Kolkata, which had in fact formed the very basis for reopening of the assessee’s case u/s.147 of the Act. In sum and substance, the Assessing Officer while framing the assessment u/s. 147 r.w.s.143(3) had though failed to make any addition as regards the issue which had formed the very basis for reopening of the concluded assessment of the assessee firm i.e, bogus purchases but had made independent additions in its hands i.e, addition of bogus purchases. We are of considered view, that as stated by the Ld. AR, and rightly so, now when no addition had been made by the Assessing Officer as regards the issue on the basis of which the case of the assessee was reopened i.e, bogus purchases therein, no independent addition could have made by him - See JET AIRWAYS (I) LTD. [2010 (4) TMI 431 - HIGH COURT OF BOMBAY] as held that if after issuing the notice u/s.148 of the Act the Assessing Officer concludes that the income which had initially formed the ‘reason to believe’ for reopening the case of the assessee, has as a matter of fact not escaped assessment, then it would not be open to the Assessing Officer to independently assess some other income. AO without making any addition as regards the issue on the basis of which the case of the assessee was re-opened u/s.147 of the Act i.e, bogus purchase had therein grossly eared in law in making an independent addition - Appeal of assessee allowed.
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