Calcutta HC: Award May Be Set Aside if Tribunal Rewrites Contract or Ignores Key Clauses  ||  Delhi HC Suspends Kuldeep Singh Sengar’s Life Term, Holding Section 5(C) of POCSO Not Made Out  ||  Calcutta High Court: Arbitration Clause in an Expired Lease Cannot be Invoked For a Fresh Lease  ||  Delhi High Court: 120-Day Timeline under Section 132B Of Income Tax Act is Not Mandatory  ||  NCLAT Reaffirms That Borrower's Debt Acknowledgment Also Extends Limitation Period for Guarantors  ||  NCLAT: Oppression & Mismanagement Petition Cannot Be Filed Without Company Membership on Filing Date  ||  Supreme Court Quashes Rajasthan Village Renaming, Says Government Must Follow its Own Policy  ||  NCLAT: NCLT Can Order Forensic Audit on its Own, No Separate Application Required  ||  NCLAT Reiterates That IBC Cannot be Invoked as a Recovery Tool for Contractual Disputes  ||  Delhi HC: DRI or Central Revenues Control Lab Presence in Delhi Alone Does Not Confer Jurisdiction    

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