Case Law Details
Add. CIT Vs Ircon International Ltd (ITAT Delhi)
When we examine the reasons recorded by the Assessing Officer in the instant case in the light of the decision of the Hon’ble Delhi High Court in the case of Madhukar Khosla (supra), it is evident that the Assessing Officer has merely perused the records available with him and formed reason to believe that income had Assessment. There is no mention of any ‘trigger’ as how the Assessing Officer came to know this under assessment. If without any information or any new fact came into his possession, he simply revisit or peruse the completed assessment, it definitely amounts to review of the assessment by the Assessing Officer, which is not permitted in law. Even in the instant case, no addition has been made on this issue either in the earlier or subsequent regular assessments. As the reassessment in the instant case fails at this stage of examining “reasons to believe”, we are not required to examine the stage of “change of opinion”. The ground of the appeal of the Revenue is dismissed.
FULL TEXT OF THE ORDER OF ITAT DELHI
This appeal by the Revenue is directed against order dated 10/02/2017 passed by the Learned Commissioner of Income-tax (Appeals)-39, New Delhi [in short ‘the Ld. CIT(A)’] for assessment year 2009-10 raising following grounds:
1. On the facts and circumstances of the case, the Ld. CIT(A) has erred in holding the reopening of the assessment by issuing notice u/s 148 of the Act as void ab initio.
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