Invalid 147 Reopening: Assessment Scrapped for Incorrect Assumption of Non-Filing

Dinesh Babu Saxena Vs ITO (ITAT Delhi) AO Claimed No Return Was Filed, Assessee Proved It Was- Reopening on Wrong Facts—Delhi ITAT Quashes 147 Assessment Appeal was delayed by 108 days. Assessee filed affidavit & medical records. Tribunal held that delay was bona fide & condoned it. On merits, Assessee challenged validity of reopening u/s 147 r.w.s. 148. AO reopened assessment on the premise that no return of income for AY 2008-09 was filed & that investment of Rs.63,00,000/- in property was unexplained. Assessee demonstrated that he had filed return on 26.12.2008 disclosing inco...