Reopening assessment under Section 148 without recording reasons is bad in law

DCIT Vs SECL (ITAT Raipur) Conclusion: In present facts of the case, it was observed that in the absence of  reasons, the jurisdiction assumed under section 148 of the Act to reopen a completed assessment is clearly void ab initio and consequently, assessment order is bad in law. Held: In present facts of the case, two issues were adjudicated which were: (i) challenging the legality of jurisdiction under s.147 of the Act & (ii) challenging the action of the CIT(A) for re-adjudication of deduction of the provisions of leave encashment on merits by the AO. The Assessee contended that the  ...