K K JEWELLERS,NEW DELHI vs. ITO, WARD- 47(3), NEW DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal quashed the notice issued under Section 148 and consequently the assessment order. The reopening was found to be based on borrowed satisfaction as the AO failed to mention the source of information or its relevance to the assessment year.
What were the facts?
The assessee challenged the reopening of assessment and additions sustained by the CIT(A). The reopening was based on information received from DGIT (Investigation) regarding accommodation entries.
What were the issues?
Whether the reopening of assessment under Section 147/148 was valid and based on the AO's independent satisfaction.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI ‘SMC-1’ BENCH,
Before: SHRI N.K. BILLAIYA
This appeal by the assessee is preferred against the order of the CIT(A)-16, New Delhi dated 12.03.2018 pertaining to A.Y. 2008-09.
The grievance of the assessee is twofold. Firstly, the assessee challenged the reopening of the assessment and second the assessee is aggrieved by the additions sustained by the CIT(A) amounting to Rs.5,93,335/-.
Since the challenge to the reopening of the assessment goes to the root of the matter, I proceed to decide this issue first.
Representatives of both the sides were heard at length. Case record carefully perused and with the assistance of the counsel I have carefully considered the relevant documentary evidences brought on record in the form of paper book in the light of rule 18 (6) of the ITAT Rules.
Briefly stated the facts of the case are that action u/s.147 of the Act was taken and accordingly notice u/s.148 was issued. The basis for issuing the notice u/s.148 is the information received from DGIT (Investigation), Mumbai from which the AO came to know that the assessee has received accommodation entries from a group owned by Rajendra Jain. Be that as it may, the reassessment proceedings are triggered by service of notice u/s. 148 of the Act and the root for the issue of such notice lie in the reasons recorded.
The reasons recorded by the AO is as under :-
I have given a thoughtful consideration to the aforementioned notice. A perusal of the same show that the source of the information has not been mentioned anywhere nor there is any reference to the person who has given this information. The notice simply says that “as
per information” but how that information pertains to the assessment year under consideration is not known. I fail to understand how the AO came to the conclusion that income has escaped assessment which requires reassessment. It appears that the AO is simply carried away with a borrowed satisfaction.
Though the DR strongly supported the assessment order and vehemently stated that the investigation report received from DGIT (Investigation), Mumbai was the basis for reopening the assessment and on the basis of such information the AO has applied his mind. It is the say of the DR that the information which was in possession of the AO was very much in the knowledge of the assessee.
I failed to persuade myself in agreeing with the contentions of the DR. As mentioned elsewhere the AO has to give his opinion of escapement of income while issuing the notice and recording the reasons.
As I have observed earlier the entire reopening is based on a borrowed satisfaction.
The Hon’ble High Court of Delhi in the case of Meenakshi Overseas Private Limited had the occasion to consider a similar issue when it was seized with the following question of law.
“Whether the ITAT erred in law and on facts in quashing the assessment proceedings u/s. 147 /148 of the Act and the Hon’ble High Court upheld the order of the Tribunal upholding that reassessment proceedings was not legal. The relevant findings of the Hon’ble High Court read as under :-
In the light of the aforementioned decision of the Hon’ble Jurisdictional High Court I have no hesitation in quashing the notice issued u/s. 148 of the Act thereby quashing the assessment order itself.
Since I have quashed the assessment order I do not find it necessary to dwell into the merits of the case.
In the result, the appeal filed by the assessee is allowed.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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