Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2024 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (4) TMI 543 - ITAT AHMEDABADAssessment u/s 153A - addition made in respect of completed assessment in absence of any incriminating material - HELD THAT:- Hon’ble Gujarat High Court in the very recent judgement in the case of Kaushik Devjibhai Patel [2023 (5) TMI 1318 - GUJARAT HIGH COURT] and after considering Hon’ble Supreme Court judgement in the case of Abhisar Buildwell (P.) Ltd. [2023 (4) TMI 1056 - SUPREME COURT] as held no addition can be made in respect of completed assessment in absence of any incriminating material will not permit making of addition by the AO and that the AO has no jurisdiction to reopen the completed assessment. Decided in favour of assessee. Reopening of assessment - additions made are the accounts writing charges and FD interest income belonging to assessee’s wife were added as the income of the husband/assessee, denying the ITR filed by the assessee’s wife - HELD THAT:- The above additions are based only on the statement recorded u/s. 132[4] of the Act and without taking note of the Retraction Affidavit filed by the assessee with relevant evidences. This issue is already dealt by us in paragraph nos.7 to 7.5 of this order, which is squarely applicable to the facts of the present case also. Therefore, the reassessment order passed by the AO is without jurisdiction and bad-in-law, consequently the same is hereby quashed. In the result, the appeal filed by the assessee is hereby allowed.
|