9911796707
TMI Blog2023 (7) TMI 508X X X X Extracts X X X X X X X X Extracts X X X X ..... es which obtain in other AYs. The only exception is that where issues are common, the courts have at times adopted the principle of consistency. In this case, that principle surely would not apply. Bald assertions in the TEP that the petitioner had claimed bogus expenses towards salary and other heads, in our view, was not sufficient for commencement of the reassessment proceeding under Section 147 read with Section 148 of the Act. Decided in favour of assessee. - W.P.(C) 11910/2018 - - - Dated:- 17-5-2023 - HON'BLE MR. JUSTICE RAJIV SHAKDHER AND HON'BLE MR. JUSTICE GIRISH KATHPALIA For the Petitioner Through: Ms Prem Lata Bansal, Senior Standing Counsel with Ms Kavita Jha, Advocate For the Respondents Through: Mr A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner, in an appeal preferred by petitioner, this decision was reversed. 6. In support of this plea, Ms Bansal and Ms Jha have placed on record a hard copy of the decision of the Commissioner of Income Tax (Appeals) [in short, CIT(A) ] dated 19.02.2019. A copy of the said decision has been furnished to Mr Abhishek Maratha, learned senior standing counsel, who appears on behalf of respondent/revenue. 7. Ms Bansal and Ms Jha, on instructions of petitioner, who is present in the court, say that no appeal has been preferred by the respondent/revenue against the said order of the CIT(A), with the Income Tax Appellate Tribunal. 8. Mr Maratha, in defense of the impugned notice and order, submits that the same are sustainable, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the lncome Tax Act, 1961 on 13.11.2011. 2. Brief details of information collected/received by the AO: Information was passed on from the Investigation Wing New Delhi for a tax evasion petition stating the allowing:- This is bring to your notice that the abovementioned assessee who is assessed to tax by the Assistant Commissioner of Income Tax, Circle-61(1), New Delhi, who falls under your charge has been manipulating his Income Tax Returns since the assessment year 2005-06 wherein he has booked bogus expenses ranginq from Rs. 60,00,000/- (Rs. Sixty Lakhs to Rs. 1,00,00,000/- (Rupees One Crore). 3. Analysis of information collect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment for A.Y. 2011-12, and the case is fit for reopening the assessment u/s 147/148 of the I.T. Act, 1961. 7. In this case a return of income was filed for the year under consideration but no scrutiny assessment u/s 143(3) of the Income-tax Act, 1961 was made. Accordingly, in this case the only requirement to initiate proceeding u/s 147 is reason to believe which has been recorded in para 2 to para 5 above. 8. It is pertinent to mention here that in this case the assessee has filed return of income for the year under consideration but no assessment as stipulated u/s 2(40) of the Income-tax Act, 1961 was made and the return of income was only processed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n issue, i.e., AY 2011-12. 16. It is well established that income in each AY is to be assessed independent of the circumstances which obtain in other AYs. The only exception is that where issues are common, the courts have at times adopted the principle of consistency. In this case, that principle surely would not apply. 17. As alluded to hereinabove, the AO had no material available with him for triggering the reassessment proceeding against the petitioner. The only material, if it can be called that, which was available with the AO, was the TEP. There were no documents available which could have formed the basis for initiating reassessment proceeding against the petitioner. 18. Bald assertions in the TEP that the petitioner had c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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