M/S. KUVAWALA DRILL EQUIP,PUNE vs. INCOME-TAX OFFICER, HQ-6(2), PUNE

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ITA 2535/PUN/2017Status: DisposedITAT Pune26 October 2021AY 2011-128 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that reopening of assessment under Section 147 requires the Assessing Officer to have an independent 'reason to believe' that income has escaped assessment, and cannot rely on 'borrowed satisfaction' from other agencies. Since no independent inquiry was conducted, the reopening was deemed invalid.

What were the facts?

The Assessing Officer reopened assessments based solely on information received from the Sales Tax Department regarding alleged hawala transactions. The assessee contended that the reopening was invalid due to a lack of independent application of mind by the Assessing Officer.

What were the issues?

Whether the reopening of assessment under Section 147/148 was valid when the Assessing Officer relied solely on information from the Sales Tax Department without independent application of mind.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 143(3),Section 69C

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(3)Show list

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Income Tax Appellate Tribunal, “C” BENCH, PUNE

Before: SHRI INTURI RAMA RAO & SHRI PARTHA SARATHI CHAUDHURY

For Appellant: Shri D.P Shroff
For Respondent: Shri Piyush Kumar Singh Yadav
Hearing: 21.10.2021Pronounced: 26.10.2021

आदेशानुसार / BY ORDER,

// True Copy // धनजी सधचव / Private Secretary आयकर अपीलीय अधधकरण, पुणे / ITAT, Pune.

Date 1 Draft dictated on 21.10.2021 Sr.PS/PS 2 Draft placed before author 26.10.2021 Sr.PS/PS 3 Draft proposed and placed JM/AM before the second Member 4 Draft discussed/approved by AM/JM second Member 5 Approved draft comes to the Sr.PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr.PS/PS 7 Date of uploading of order Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order

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