Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2015 (3) TMI 1185

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... de all the answers - See CIT Vs Pradeep Kumar Gupta (See CIT Vs Pradeep Kumar Gupta - [2006 (11) TMI 184 - DELHI HIGH COURT] The very reassessment was legally unsustainable in this case. In this view of the matter, we quash the impugned reassessment proceedings. - Decided in favour of assessee - I.T.A. No.: 4908/Del/2012 - - - Dated:- 31-3-2015 - I C Sudhir JM and Pramod Kumar AM Salil Agarwal, for the appellant P Domkaunajma, for the respondent O R D E R Per Pramod Kumar, AM: 1. This is an appeal filed by the assesse and is directed against the order dated 28th June 2012 passed by the CIT(A) in the matter of assessment under section 143(3) r.w.s. 147 of the Income Tax Act, 1961, for the assessment year 2 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... are not, in his opinion, relevant. Aggrieved, assesse carried the matter in appeal but without any success. The assesse is not satisfied and is in further appeal before us. 4. We have heard the rival submissions, perused the material on record and duly considered facts of the case in the light of the applicable legal position. 5. As noted by a coordinate bench of this Tribunal, in the case of ITO Vs Vijendra Kumar (67 DTR 283), No doubt sufficiency of reason cannot be agitated however the first hurdle that the formation of belief is of the concerned AO and not of some other AO has to be met. The blind acceptance in haste the view of another AO has not been rebutted by any cogent fact or argument and to our mind case law cannot addres .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nnected with the Assessee concerned. Learned counsel for the Revenue had drawn our attention to Phool Chand Bajrang Lal -vs Income- Tax Officer, [1993] 203 ITR 456 where the ITO had learnt that the party from whom that Assessee had allegedly borrowed ₹ 50,000/- in cash had not actually done so. Information pertaining to the false nature of these transactions was exchanged between the respective Income-Tax Officers. Their Lordships opined that - Acquiring fresh information, specific in nature and reliable in character, relating to a concluded assessment which went to expose the falsity of the statement made by the assessee at the time of the original assessment was different from drawing a fresh inference from the same facts and materi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r sustain the fresh assessment. However, there may well be instances where the former said reopening may pass muster in the light of some facts, but those facts by themselves may turn out to be insufficient to preserve the assessment itself. Once Sections 147/148 are resorted to, the AO must first discharge the burden of showing that income has escaped assessment. It is only thereafter that the Assessee has to provide all the answers. We find no reason why the initial burden of proof should not rest on the AO even where the Assessment has gone through under Section 143(1) of the Act. The Tribunal has, therefore, arrived at the correct conclusion. 6. The views so expressed by the Hon ble jurisdictional High Court bind us. Viewed thus, the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates