2015 (10) TMI 808 - HC - Income Tax

Reopening of assessment - information from the Office of the DIT (Inv.)-1, New Delhi has been received that the assessee M/s Shri Govind Kripa Builders P. Ltd. has received an accommodation entry in to its Bank account from different companies/concerns during the financial year 2007-08 relevant to asstt. Year 2008-09 so as to introduce its unaccounted money into its accounts - Held that - It is seen that the ITAT has in the impugned order for the Assessment Year 2008-09 2015 (10) TMI 798 - ITAT DELHI relied upon the judgment of this Court in Signature Hotels P. Ltd. v. ITO 2011 (7) TMI 361 - Delhi High Court and come to the conclusion that the Assessing Officer did not apply his own mind to the information and the materials forming the basis of the information. The Court finds no legal error whatsoever in the ITAT coming to the above conclusion. In the facts and circumstances of the present case, no substantial question of law arises for determination by the Court. - Decided in favour of assessee.

Summary

Issues:
1. Validity of notice issued under Section 148 of the Income Tax Act, 1961.
2. Application of mind by the Assessing Officer (AO) to the information and materials forming the basis of the notice.

Detailed Analysis:
1. The judgment dealt with the validity of a notice issued under Section 148 of the Income Tax Act, 1961, based on information received regarding an accommodation entry of Rs. 24 lakhs in the assessee's bank account. The notice was issued to assess the alleged escaped income for the assessment year 2008-09. The Respondent's counsel accepted the notice, and the reasons for issuing the notice were presented before the Court. The ITAT, in a previous order, relied on a judgment of the High Court and concluded that the AO had not applied his own mind to the information and materials. The Court found no legal error in this conclusion, leading to the dismissal of the appeal.

2. The key issue revolved around whether the AO had properly considered the information and materials before issuing the notice under Section 148. The ITAT's decision was based on the lack of application of mind by the AO, as per the precedent set by a previous judgment of the High Court. The Court upheld the ITAT's finding, stating that no substantial question of law arose in the case. This reaffirmed the importance of the AO's diligent consideration of relevant information before initiating assessment proceedings under Section 147 of the Income Tax Act. The dismissal of the appeal signified the Court's agreement with the ITAT's assessment regarding the AO's failure to apply his mind adequately in the present case.