2024 (7) TMI 209 - AT - Income Tax

Validity of the assessment order - recording of reasons without application of mind u/s 148A - reasons recorded by the AO based on the AIR information uploaded by the reporting entity u/s 285BA regarding deposits in J K bank account which does not belong to assessee - HELD THAT - CIT(A) failed to acknowledge the fact that the reopening was made on wrong assumption of facts, by not appreciating the information regarding deposit in J K bank account does not pertain to the appellant. In our view, the CIT(A) has committed a factual and legal error in affirming the addition disregarding the certificate issued by the bank, which explicitly states that the appellant does not have any account with in J k Bank, Lassipora by way of wrongly mentioned the fact that the account belongs to the assessee. Thus, the said findings of the CIT (Appeals) is factually incorrect in the light of the bank certificates being filed as an additional evidence before the CIT(A) by the assessee. Reasons recorded are bad in law as the reopening has been made based on incorrect facts. It is a settled law that the reopening cannot be made based on wrong assumption of facts following AIR information and accordingly, the assessment made on the basis of wrong assumption of facts is liable to be quashed. Appeal filed by the assessee is allowed.

Summary

Issues:
Validity of assessment order based on incorrect facts and application of mind.

Analysis:
The appeal was filed against the order of the CIT(A) arising from the Assessment Order dated 29.12.2017 for the Assessment Year 2010-11. The appellant raised various grounds challenging the addition made by the AO on account of deposits in two bank accounts. The appellant argued that the reasons recorded for reopening the assessment were based on incorrect facts, as evidenced by a certificate from J&K Bank stating that one of the bank accounts did not belong to the appellant. The CIT(A) erroneously mentioned that the appellant was engaged in the sale and purchase of land, contradicting the facts. The Tribunal noted that the CIT(A) failed to appreciate that the reopening was based on wrong assumptions and confirmed the addition without considering the evidence provided by the appellant.

The Tribunal found that the reasons recorded for reopening the assessment were invalid as they were based on incorrect facts. Citing judicial precedents, the Tribunal held that assessments made on the basis of wrong assumptions of facts are liable to be quashed. The Tribunal emphasized that the reopening of assessment proceedings was bad in law due to the wrong facts recorded in the reasons to believe. Consequently, the assessment order was quashed as void ab initio, and the appeal filed by the assessee was allowed.

In conclusion, the Tribunal found that the assessment order was invalid as it was based on incorrect facts and lacked proper application of mind. The Tribunal emphasized the importance of accurate and valid reasons for reopening assessments, as assessments made on wrong assumptions of facts are liable to be quashed. The Tribunal's decision to allow the appeal was based on the invalidity of the assessment order due to the incorrect reasons recorded for reopening the assessment.