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Case Law Details

Case Name : Bhavmeet Singh Bhatia Vs ACIT (ITAT Delhi)
Appeal Number : ITA No.6545/Del/2019
Date of Judgement/Order : 21/09/2022
Related Assessment Year : 2011-12
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Bhavmeet Singh Bhatia Vs ACIT (ITAT Delhi)

AO noted that the assessee has not filed the return of income for AY 2011-12 whereas the copy of the return of income available in assessee’s paper book clearly reveals that the assessee did file the return of income for AY 2011-12. It is also clearly discernible that in the proforma for obtaining approval u/s 151 of the Act, in column 8(a), the AO noted that the assessee has not filed any return of income. Therefore, I safely presume that the AO has proceeded to initiate reassessment proceedings u/s 147 of the Act and issued notice u/s 148 on incorrect facts without application of mind.

ITAT held that the reassessment proceedings u/s 147 of the Act and notice u/s 148 of the Act has been issued without application of mind by the AO on the basis of incomplete information without any verification of the facts and without complying with the mandatory requirement of section 147 and 148 of the Act. Consequently, the impugned reassessment order passed u/s 147 r.w.s 143(3) of the Act is not sustainable being bad in law and, thus, the same is quashed.

FULL TEXT OF THE ORDER OF ITAT DELHI

This appeal filed by the assessee is directed against the order dated 14.06.2019 of the CIT(A)-15, Delhi, relating to Assessment Year 2011-12.

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