Reopening of assessment u/s 148 based on old information is invalid

DCIT Vs G.S. Atwal & Company (Engineers) Pvt. Limited (ITAT Kolkata)

ITAT Kolkata held that original assessment was made under section 143(3)/147, i.e. scrutiny assessments. Further, there was no fresh information available with the revenue. Hence, reopening of assessments relying on the same information is invalid.

Facts-

The assessee was engaged as Del-credere commission agent by Tata Steel Limited. Post finalization of the assessment, the assessments was reopened via issuance of notice u/s 148 of the Income Tax Act. Additions was made by the AO with the aid of section 68 of the Act. On appeal it was submitted by the assessee that reopening of assessments is not in accordance with law.

Conclusion-

Please become a Premium member. If you are already a Premium member, login here to access the full content.