2020 (3) TMI 1422 - AT - Income Tax

Reopening of assessment u/s 147 - income from sale of land have escaped from assessment - HELD THAT - DR fails to dispute that the AO had himself made it clear that the issue of the corresponding sale transactions required to be verified. As find in this backdrop that in Manzil Dineshkumar Shah 2018 (5) TMI 1176 - GUJARAT HIGH COURT holding that Assessing Officer cannot take recourse the impugned proceedings just for the purpose of verification as has been upheld up to the hon'ble apex court in Manzil Dineshkumar Shah 2019 (1) TMI 1284 - SC ORDER we adopt the very reasoning mutatis mutandis herein to quash the impugned assessment. Assessee s appeal is allowed.

Summary

Issues:
1. Validity of re-opening assessment under section 147 of the Income Tax Act, 1961.

Analysis:
The appeal before the Appellate Tribunal ITAT Ranchi pertained to the assessment year 2010-11 and challenged the Commissioner of Income-tax (Appeals)-Dhanbad's order dated 09.08.2019. The primary issue involved proceedings under section 144 read with section 147 of the Income Tax Act, 1961. The Assessing Officer had reopened the assessment based on information received regarding the sale of 35 acres of land by an individual without filing an income tax return for the assessment year 2009-10. The re-opening reasons highlighted the need to verify the income from the sale of land, leading to the issuance of notice under section 148 of the Act.

The learned counsel for the appellant argued that the Assessing Officer's re-opening of the assessment was not valid as it was merely for the purpose of verification, citing the judgment of the Gujarat High Court in Principal Commissioner of Income Tax-5 vs. Manzil Dineshkumar Shah (2018) 406 ITR 326 (Guj) and the subsequent affirmation by the Supreme Court in Principal Commissioner of Income Tax-5 vs. Manzil Dineshkumar Shah (2019) 101 taxmann.com 259 (SC). The appellant contended that the Assessing Officer cannot initiate proceedings solely for verification purposes, as established by the aforementioned judgments.

In light of the legal precedent cited, the Tribunal upheld the appellant's argument and quashed the impugned assessment. The Tribunal found that the Assessing Officer's re-opening of the assessment was not justified solely for the purpose of verification, aligning with the principles laid down in the Gujarat High Court and Supreme Court judgments. Consequently, the appeal was allowed, and all other arguments on merits were deemed inconsequential. The order was pronounced in open court at the conclusion of the hearing on Friday, 6th March 2020.