Suvida Drums Vs ITO (ITAT Mumbai)
ITAT Mumbai held that passing of assessment order u/s. 144/147 making addition of alleged bogus purchase which is already added vide assessment order passed u/s. 143(3)/147 and has attained finality is unsustainable and liable to be quashed.
Facts-
Vide the present appeal, the assessment order u/s.143(3)r.w.s.147 was passed on 19/03/2015 based on same information about bogus purchases made from M/s. Shree Ganesh Trading Co of Rs. 4,25,880/-. The entire purchases was added made from the said party. Now again the AO had issued u/s.148 and passed another order u/s. 144 r.w.s. 147, on 22/12/2016 making the same addition of Rs.4,25,880/- made from Shree Ganesh Trading Company. The addition made by the AO was accepted and no appeal was filed. Thus the assessment and the addition of Rs. 4,25,880/- had attained finality.
Conclusion-
Held that none of the lower authorites despite bringing this fact on record have been bothered to look into this matter that already assessment order u/s. 147/143(3) has been made on the addition of alleged bogus purchase of Rs. 4,25,880/-and this addition has attained finality. This shows casual approach and complete non application of mind and callousness. Reopening the case again and sending notice u/s 148 twice in a gap of a year and dragging the assessee to the litigation and creating another demand simply because both the AO and appellant authority have not bothered to examine the facts which has been brought on record and harassing the assessee for unwanted litigation for several years as first appeal has been decided after more than 7 years. Be that as may be, the impugned assessment order passed by the AO u/s. 144/147 dated 22/3/2016 is here by quashed, because already earlier assessment order was passed u/s. 143(3)/147 on 19/03/2015 making the same addition.
