VIMLA DEVI MEENA,DAUSA vs. ITO WARD- DAUSA, DAUSA

Facts

The assessee, Vimla Devi Meena, is in appeal against the order dated 17.07.2023 passed by the CIT(A), NFAC, Delhi, for Assessment Year 2011-12. The Assessing Officer (AO) reopened the assessment based on information received regarding the purchase of property. The AO made an addition of Rs. 28,02,415/- on account of alleged unexplained investment in property. The CIT(A) dismissed the assessee's appeal.

Held

The Tribunal held that the notice under section 148 was not properly served upon the assessee and the reassessment proceedings were initiated without jurisdiction. Furthermore, the approval for reopening by the Principal CIT was consolidated and not properly applied. The Tribunal also found that the AO failed to invoke any specific provisions of law for making the addition.

Key Issues

Whether the reassessment proceedings are valid, considering the lack of proper service of notice u/s 148 and the alleged borrowed satisfaction of the AO. Whether the addition made by the AO is sustainable without invoking specific provisions of law.