2017 (4) TMI 1427 - AT - Income Tax

Reopening of assessment - undisclosed cash deposits in the bank account - HELD THAT - Cash to the extent of ₹ 10,16,000/- has been deposited in the savings bank account of the assessee and there is no material on record to form a belief that income has escaped assessment. AO has proceed on a fallacious assumption that the cash deposits in the bank constitute undisclosed income without bringing any material on record to substantiate that the income has escaped assessment which can fall u/s 147 of the Act. Therefore, the assessee does not acquire any jurisdiction to assess/reassess the present case and accordingly, the order passed u/s 147 of the Act is directed to be quashed. - Decided in favour of assessee.

Summary

Issues:
Validity of reassessment proceedings based on cash deposits in bank account.

Analysis:
The appeal before the Appellate Tribunal ITAT Delhi arose from the order of the CIT(A), Ghaziabad for A.Y. 2008-09. The main legal issue raised was regarding the validity of reassessment proceedings initiated by the AO based on cash deposits in the assessee's bank account. The AO issued a notice u/s 148 of the IT Act, 1961, as the source of the cash deposits amounting to ?10,16,000 remained unexplained. The assessee contended that the cash deposits were not income and challenged the reassessment on this ground.

The Tribunal analyzed the reasons recorded by the AO and referred to relevant case laws to determine the validity of the reassessment. The Tribunal highlighted that the mere fact of cash deposits in a bank account does not automatically indicate that the deposits constitute income that has escaped assessment. It was emphasized that there must be a valid reason to believe, rather than suspect, that income has escaped assessment to initiate reassessment proceedings.

The Tribunal relied on a decision of the ITAT Delhi Bench and another decision of the ITAT Amritsar Bench, which both emphasized that suspicion alone is not a valid basis for initiating assessment proceedings under section 147 of the IT Act. The Tribunal concluded that the AO proceeded on a fallacious assumption that the cash deposits were undisclosed income without substantiating that income had actually escaped assessment.

Ultimately, the Tribunal held that the reassessment proceedings were not valid as there was no material to support the claim that income had escaped assessment. Consequently, the reassessment order was quashed, and since the assessee succeeded on the legal ground, the remaining issues on merits were deemed academic and did not require adjudication.

In conclusion, the appeal of the assessee was allowed, and the order was pronounced in open court on 27.04.2017.