2020 (11) TMI 315 - AT - Income Tax

Reopening of assessment u/s 147 - validity of reasons to believe - HELD THAT - Reasons recorded by the Assessing Officer is based on presumption and without application of mind by stating therein that assessee has not filed its return of income whereas the evidences produced by the assessee in the shape of paper book before the CIT(A) as well as before the Tribunal, establish that the assessee has filed the return of income for the assessment year in dispute, hence, decision of RMG Polyvinyl 2017 (7) TMI 371 - DELHI HIGH COURT is squarely applicable here and therefore, applying the said ratio, the reassessment in the present case is bad in law and accordingly quashed and appeal of the assessee is allowed.

Summary

Issues:
1. Validity of order passed by Ld. CIT(A)
2. Jurisdiction under section 147 of the Income Tax Act, 1961
3. Addition of INR 39,96,550/- in the bank account
4. Consideration of credit in the bank account
5. Scope of income and corresponding withdrawals
6. Request for addition only in respect of peak credit

Validity of order passed by Ld. CIT(A):
The appeal challenged the order passed by the Ld. CIT(A) related to the assessment year 2011-12. The grounds of appeal included contentions regarding the validity of the order passed by the Ld. CIT(A) under the provisions of the Income Tax Act, 1961. The appellant raised concerns about the legality of the order, leading to the appeal before the Tribunal.

Jurisdiction under section 147 of the Income Tax Act, 1961:
The case involved the reopening of the assessee's case under section 147 of the Income Tax Act, 1961. The appellant contested the jurisdiction of the Assessing Officer in initiating the reassessment proceedings, arguing that there was a lack of application of mind before issuing the notice under section 148. The appellant presented evidence to support the claim that the reassessment was without proper jurisdiction and application of mind, seeking to have the assessment quashed.

Addition of INR 39,96,550/- in the bank account:
The Assessing Officer made an addition of INR 39,96,550/- based on the belief that the entire transaction was bogus and the cash deposits in the bank were from undisclosed sources. The appellant contended that the addition was made without proper substantiation and disregarded the documentary evidence provided. The Ld. CIT(A) partly allowed the appeal, leading to further challenge by the assessee before the Tribunal.

Consideration of credit in the bank account:
The Assessing Officer's decision to consider the credit in the bank account in an arbitrary manner was contested by the appellant. It was argued that the assessment did not take into account the corresponding withdrawals, which were crucial in determining the nature and scope of income. The appellant sought a fair consideration of all financial transactions to arrive at a more accurate assessment.

Scope of income and corresponding withdrawals:
The appellant emphasized the importance of considering both the income and the corresponding withdrawals to provide a comprehensive view of the financial activities. The argument centered around ensuring that the assessment accurately reflected the activities and income sources, highlighting the need for a balanced approach in evaluating the financial records.

Request for addition only in respect of peak credit:
As an additional ground, the appellant requested that any addition, if deemed necessary, should only be in respect of the peak credit. This request aimed to limit the scope of the addition to a specific aspect of the financial transactions, seeking a more focused approach in determining the taxable income.

In the final decision, the Tribunal allowed the assessee's appeal, citing the lack of proper application of mind by the Assessing Officer in initiating the reassessment proceedings. The Tribunal relied on legal precedents to quash the reassessment, emphasizing the importance of proper jurisdiction and due diligence in such proceedings. The decision highlighted the need for a thorough evaluation of evidence and adherence to legal requirements in conducting assessments under the Income Tax Act, 1961.