Telangana High Court: Barring People with over Two Children From Polls Violates No Fundamental Right  ||  Del HC Clarifies That Breach of Promise to Marry is Not The Same as False Promise Amounting To Rape  ||  Delhi High Court Rules Law Students Cannot be Barred From Exams For Not Meeting Minimum Attendance  ||  Delhi HC: Only a Sessions Court, Not an Ilaqa Magistrate, Can Order Further Probe After Committal  ||  Allahabad High Court: Protecting Homebuyers’ Interests is Paramount in Real Estate Insolvency  ||  Allahabad HC: Police Can Freeze Accounts on Suspicion; Affected Party May Seek Magistrate’s Relief  ||  NCLAT: Claimants Must Prove Asset Ownership; Liquidator Need Not Establish Title of Assets in Custody  ||  NCLAT: Director’s Resignation Doesn’t Release Personal Guarantor from Continuing Guarantee Liability  ||  NCLAT: Delay Condonable When Composite Appeal Filed in Time is Refiled after Registry’s Objection  ||  Supreme Court: Upper Floors Can be Converted for Commercial Use Only after Paying Conversion Charges    

M.A. Projects Pvt. Ltd., New Delhi vs ACIT - (Income Tax Appellate Tribunal) (20 May 2022)

In the absence of fresh tangible material, the action under Section 147 of the IT Act by the AO is not tenable

MANU/ID/0729/2022

Direct Taxation

The case of the assessee has been taken up for scrutiny and assessment order under Section 153A read with 143(3) of the Income Tax Act, 1961 (IT Act) was passed. The notice under Section 148 of the IT Act was issued, the representative of the assessee has participated in the assessment proceedings. The assessment order came to be passed by making addition of Rs. 45,00,000 on account of unexplained income from share applicants. As against the assessment order, the assessee has preferred an appeal before the CIT(A). The Learned CIT(A) by order dismissed the appeal filed by the assessee.

The Learned A.O has made an addition of Rs. 45,00,000 under Section 68 of the IT Act, on the ground that the assessee failed to prove the identity and creditworthiness of share applicants i.e. Indlon Hosiery P. Ltd., Multi-tech Semi Conductors P. Ltd. and Oracle M.A Projects. Pvt. Ltd. Cables P. Ltd. The above said information were very well in existence in the hands of the AO when the original assessment order was passed. Therefore, the reopening of assessment was without any fresh tangible material. It is well settled law that, in the absence of fresh tangible material, the action under Section 147 of the IT Act by the AO is not tenable under the law.

In view of the discussion, reopening of the assessment is clearly bad in law and liable to be quashed, accordingly the assessee's grounds of Appeal are allowed and the order of Lower Authorities is set aside, resultantly, additions stands deleted. Appeal of the assessee is allowed.

Tags : ASSESSMENT   REOPENING   LEGALITY  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved