2012 (12) TMI 1081

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... though the loans/other amounts said to have been stated in the return has been added. Tribunal is perfectly justified in quashing the order of reassessment proceedings as the action was mechanical in nature and without ascertaining as to whether the assessee had disclosed the factum of purchase of plot and cost of construction in the original return.
R.K. AGRAWAL AND RAM SURAT RAM (MAURYA), JJ. A.N. Mahajan, A. Kumar, B.J. Agarwal, D. Awasthi, G. Krishna, R.K. Upadhyay and S. Chopra for the Petitioner. JUDGMENT 1. The present appeal has been filed under Section 260-A of the Income-tax Act,1961, hereinafter referred to as "the Act ", against the order dated 6-7-2004 passed by the Income-tax Appellate Tribunal, Lucknow Bench, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d that the original return filed on 28-7-1987 in the office of Income-tax Officer, Circle-2, Kanpur may be treated as the return filed in compliance of the notice under Section 148 of the Act. The assessment under Section 143 read with Section 148 was completed on a total income of ₹ 2,27,110/- after making addition of ₹ 2,06,930/- on account of unexplained income/investment in the house property. Feeling aggrieved the assessee filed an appeal before the Commissioner of Income-tax(Appeals), who vide order dated 3-7-2000 had allowed the appeal and quashed the assessment proceedings under Section 143 (3)/148 of the Act. The Revenue feeling aggrieved filed the appeal before the Tribunal . The Tribunal dismissed the appeal. 3. We h .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... f Investigation Wing without application of his mind. Once the assessee has disclosed all the particulars in the original return, it is not correct to reopen the assessment to find out as to whether these particulars have been disclosed or not i.e. purchase of land and construction thereupon, no matter who has given the information, without correlating the information with the original return. This precisely has been done by the Assessing Officer. Subsequently, the A.O. has himself accepted the stated profit and loss account, capital account and balance sheet as filed by the appellant alongwith account and balance sheet as filed by the appellant alongwith original return as correct. This goes to show that the assessment has not been validly .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X