Once the principal grounds on which reassessment was proposed ...

Reassessment grounds dropped, no additions permitted. Indelible link between 148A(b) & 148A(d). Validity check precedes Explanation 3.

Case Laws     Income Tax

August 9, 2024

Once the principal grounds on which reassessment was proposed are dropped, no further additions can be made even by taking recourse to Explanation 3. There is an indelible connection between Section 148A(b) and Section 148A(d) of the Act, which is not impacted by Explanation 3. The validity of initiation of reassessment must be independently evaluated and cannot be confused with the power ultimately available to the Assessing Officer once an assessment has been validly reopened. Explanation 3 comes into play only after it is found that the power to reassess has been validly invoked. It cannot be read as enabling the Assessing Officer to deviate from the original reasons for initiating action u/s 147/148, nor can it empower the officer to improve upon, supplement or supplant those reasons. Therefore, once the issue which formed the subject matter of the notice u/s 148 was dropped, no further additions could have been made thereafter.

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