Smt. Pozhaniappan Malliga Vs ITO (ITAT Chennai)
ITAT Chennai held that approval of large number of cases in a single day cannot be reason for faulting reopening of assessment since the case was reopened u/s. 148 of the Income Tax Act after due application of mind.
Facts- The sole grievance of the assessee, in the present appeal, is assessment of income of Rs.14.60 Lacs which represent cash deposits in the savings bank account. The assessee is stated to have deposited cash of Rs.14.45 Lacs in her savings bank account maintained with Karur Vysya Bank Ltd. The assessee did not file return of income and accordingly, the case was reopened and notice u/s 148 was issued on 24.03.2018. The assessee failed to file any return of income or adduce any explanations. Finally, AO assessed the deposits on best judgment basis as unexplained money u/s 69A.
Conclusion- We are of the considered opinion that as long as there is due application of mind, the reopening of assessment could not be faulted with. The argument that approval could not be given to such a large number of cases in a single day is bereft of any logic or merits since there is no mandate of law which puts such an embargo on the approving authority as long as there is due application of mind.
