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Re-opening of assessment merely based on information from DGIT(Inv.) is untenable
Case Law Details
- Case Name
- Rajnish C. Bharti Vs ITO (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2009-10
- Courts
- All ITAT, ITAT Mumbai
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Rajnish C. Bharti Vs ITO (ITAT Mumbai)
ITAT Mumbai held that re-opening of assessment without ‘reason to believe’ simply based on the information from DGIT(Inv.) is untenable in law.
Facts- The assessee had filed ROI on 28.07.2009 declaring total income of Rs.2,49,860/-. Later AO received an information from the office of the DGIT(Inv.) regarding assessee’s bogus claim of expenses to the tune of Rs.6,16,79,235/- from various parties. Therefore, he reopened the assessment by issuing notice u/s 148 of the Act on 27.11.2012. And then, he issued statutory notice u/s 143(3) a...
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