2011 (1) TMI 1462 - AT - Income Tax

Summary

Issues involved: Appeal against deletion of notice u/s.148 of the Income-tax Act.

Summary:
The appeal by the Revenue challenged the deletion of a notice u/s.148 of the Income-tax Act issued by the Assessing Officer. The appellant contended that the reassessment was initiated based on an audit objection regarding the low net profit declared by the assessee. The CIT(A) held that the reassessment was not justified as the Assessing Officer failed to apply his own mind and did not provide specific reasons for reopening the assessment. The tribunal upheld the CIT(A)'s decision, stating that the reassessment proceedings could not be used as a substitute for regular assessment procedures under Sec.143(2). The tribunal concluded that the non-application of mind by the Assessing Officer invalidated the reassessment proceedings, leading to the dismissal of the Revenue's appeal.

In conclusion, the tribunal dismissed the Revenue's appeal against the deletion of the notice u/s.148 of the Income-tax Act, emphasizing the importance of the Assessing Officer applying his own mind and providing specific reasons for reopening assessments.