2020 (6) TMI 244 - AT - Income Tax

Reopening of assessment u/s 147 - Addition u/s 68 - HELD THAT - AO did not make any addition on account of reasons which led to initiation of re-assessment proceedings. In view of foregoing discussion and respectfully following the precedent 2020 (2) TMI 1305 - ITAT PUNE set aside the impugned order and the assessment order in question. All other appeals admittedly involve similar issue. DR fairly admitted that no addition was made on account of reasons which led to initiation of re-assessment. Following the view taken hereinabove, set aside the impugned orders and quash the resultant assessment orders. - Decided in favour of assessee.

Summary

Issues:
Appeal based on similar facts and common issue

Analysis:
The judgment involves six appeals by different but connected assessees arising from separate orders passed by the CIT(A)-1, Kolhapur for different years. The appeals are consolidated for convenience due to their similarity in facts and common issue. One of the appeals, ITA No.328/PUN/2017, involves an additional ground raised by the assessee challenging the reassessment made by the AO on grounds not subject to the reasons recorded for reopening the assessment. The Tribunal admits this additional ground for consideration based on legal precedent and proceeds to decide on it without fresh examination of facts.

The factual background of the case reveals that the AO initiated re-assessment based on information regarding the assessee's membership in a housing society and investment in a flat. The reassessment order included various additions under different sections of the Income Tax Act, leading to a higher computed total income compared to the originally declared amount. Despite the reassessment, the AO did not make any addition on the specific ground that initiated the re-assessment proceedings, which is a crucial aspect of the case.

The Tribunal scrutinizes the reasons recorded by the AO for initiating re-assessment and finds that the AO did not make any addition on the basis of the specific ground mentioned in the reasons. Citing legal precedents from the Bombay High Court and Delhi High Court, the Tribunal emphasizes that the AO cannot proceed with reassessment if the grounds mentioned in the notice are non-existent or if no addition is made based on those grounds. The Tribunal also refers to similar decisions by the Pune Benches of the Tribunal in related cases.

Considering the admission by the ld. DR that the facts of the instant appeal align with the decisions mentioned, the Tribunal sets aside the impugned order and the assessment order in question. It further notes that all other appeals before it involve a similar issue where no additions were made based on the grounds that initiated the re-assessment. Consequently, the Tribunal allows all six appeals of the assessees on the legal issue, quashing the assessment orders in question.

In conclusion, the Tribunal's consolidated order on the appeals highlights the importance of the AO making additions based on the grounds that led to the initiation of re-assessment proceedings. Failure to do so renders the reassessment invalid, as established by legal precedents and consistent decisions by the Tribunal in related cases.