APINDER SINGH BHARTI,DELHI vs. INCOME TAX OFFICER, WARD 58(3), DELHI

It transpires at the outset that the first and foremost issue which arises for the tribunal’s apt adjudication herein is that of validity of the impugned section 148/147 proceedings itself for want of any tangible relevant material. The Revenue vehemently argues in light of the Assessing Officer’s reopening reasons extracted in para 4, page 2 of the assessment order dated 25th March, 2022 that there was indeed an information available with the department indicating the assessee to have paid on-money of Rs.39,76,800/- in purchase of commercial space at Red Mall, Ghaziabad to M/s. Celebration City Projects Pvt. Ltd. It is made clear that apart from these bald assertions, there is not even an iota of discussion in the reopening reasons as to what was the relevant tangible material leading the learned Assessing Officer to form reasons to believe that the assessee’s impugned on-money liable to be assessed had escaped assessment. The above being the clinching factual position, this tribunal finds no reason to agree with the learned departmental authorities and the impugned reopening stands quashed therefore. All other pleadings on merits stand rendered academic.