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TMI Blog2017 (11) TMI 241X X X X Extracts X X X X X X X X Extracts X X X X ..... l of Addl. CIT, Range-25, New Delhi, under section 17 of the Wealth Tax Act. The main allegations in the reasons were that ITO, Ward-35(1) has transferred a report received from the O/o. DDIT (Inv.), Panchkula in the case of assessee Smt. Megha Goel now Ms. Megha Garg. The report shows that the daughter of Shri Subhash Goel, Smt.Megha Goel has lodged an FIR against her in-laws that her father had given her jewellery worth Rs. 55 lakhs in her marriage on 17.11.2005 and her in-laws had stolen that jewellery. During the investigation, Shri Subhash Goel had stated that he had received that jewellery by way of a will from his mother in 2002. The investigation report was accordingly forwarded. The assessee filed return of wealth for assessment ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eedings appellant requested for providing copy of reasons recorded before issuing notice u/s 17 of the Wealth Tax Act. Copy of the said request letter filed during assessment proceedings is enclosed at page no. 13-15. However, the said reasons were not provided. The re-opening and supply of reasons should have been done within 6 years from the end of relevant year and the said period has already expired. Since the reasons have not been provided even when the request in this regard has been made by the assessee, the impugned assessment deserves to be quashed. For this proposition, we rely upon the ratio of judgements in : a. The Hon'ble DELHI HC, in the case of Haryana Acrylic Manufacturing Co. v. CIT 308 ITR 38 (2009), held in following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 009) 308 ITR 38 and order of ITAT, Delhi Bench in the case of Shri Balwant Rai Wadhwa vs. ITO (supra). Learned Counsel for the Assessee submitted that despite making this request to the Ld. CWT(A), he did not decide the objection of the assessee in the appellate order and merely confirmed the reopening of the assessment in the matter. Learned Counsel for the Assessee further submitted that the department reopened the assessment similarly in the case of father of the assessee Shri Subhash Chander Goel on account of gift of jewellery of Rs. 55 lakhs to the assessee. The ITAT, Chandigadh Bench in the case of Shri Subhash Chander Goel vs. ITO, Ward-1(3), Chandigarh in ITA.No.282/Chd/2014 and ITA.No.389/Chd./2014 vide order dated 18.11.2015 quas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oved that the copy of the reasons for reopening of the assessment under Wealth Tax Act have not been supplied to the assessee within time. Therefore, the re-assessment is liable to be quashed. We may also note here that on the same reasoning of giving jewellery of Rs. 55 lakhs by Shri Subhash Chander Goel to the assessee remained subject matter in appeal before ITAT, Chandigarh Bench and the Tribunal vide order dated 18.11.2015 quashed the reopening of the assessment as well as deleted the additions on merit. In view of the above discussion, we are of the view that reopening of the assessment is bad in law and liable to be quashed. We, accordingly, set aside the orders of the authorities below and quash the initiation of reassessment procee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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