Reopening Completed Assessment Requires Incriminating Material under IT Act Section 132

Shyam Sunder Jindal Vs ACIT (Delhi High Court)

Introduction: The Delhi High Court, in the case of Shyam Sunder Jindal vs. ACIT, delivered a crucial judgment on the reopening of assessments under Section 132 of the Income-tax Act, 1961. The court emphasized that a completed assessment can only be reopened if incriminating material is discovered during a search. This article provides an in-depth analysis of the court’s decision and its implications.

Case Background: On 13.11.2017, the court admitted ITA No.612/2017 along with connected appeals. The primary question of law in focus was whether the ITAT (Income Tax Appellate Tribunal) erred in setting aside sums brought to tax by the AO (Assessing Officer) under Section 153A.

Key Issues and Questions Framed:

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