Income Tax

No addition made on account of reasons recorded for reopening vitiated reassessment order – ITAT

No addition made on account of reasons recorded for reopening, the reassessment, order passed was vitiated in law – ITAT

ABCAUS Case Law Citation:
ABCAUS 2939 (2019) (05) ITAT

Important Case Laws Cited/relied upon by the parties:
CIT v. Jet Airways (I) Ltd. (2011) 52 DTR 71
Shri Anil C. Mhaske Vs. Addl.CIT

In the instant case, the assessee had raised an additional ground of appeal challenging the reassessment completed u/s 147 r.w.s. 143(3) of the Income Tax Act, 1961 (the Act) by the Assessing Officer (AO) and confirmed by the CIT(A).

The contention of the assessee was that the order was bad in law and without jurisdiction following the jurisdictional High Court order.

The assessee pointed out that the additional ground of appeal was legal issue, which may be admitted and once the same was decided, then no other grounds of appeal need to be adjudicated.

The assessment was reopened in the hands of assessee on account of insurance premium paid towards life Insurance, howeverthe Assessing Officer had made various additions in the hands of assessee, but no addition was made on account of reasons recorded for reopening the assessment.

The Tribunal observed that the question which arose was whether in the re-assessment proceedings, wherein no addition was made on account of reasons recorded for reopening the assessment, was the assessment order passed thereafter was vitiated in law?

The Tribunal observed that the language of section 147 of the Act itself is clear, wherein it is categorically mentioned that where the Assessing Officer has reason to believe that any income had escaped assessment for any assessment year, then he may assess or re-assess such income and also any other income chargeable to tax. In other words, it is incumbent upon the Assessing Officer first, to record reasons for reopening the assessment on account of escapement of income of particular source of income during particular assessment year, which comes to his notice and then the Assessing Officer is to pass an order of assessment by assessing or re-assessing such income and also any other income in the hands of assessee.

However, the Tribunal pointed out that where the Assessing Officer makes no addition on account of reasons recorded for reopening the assessment, then he is precluded from making any other addition on account of any other sources for which no reasons were recorded for reopening the assessment.

The Tribunal observed that the Hon’ble jurisdictional High Court had laid down the aforesaid proposition, wherein they have elaborately discussed the significance of expression ‘also’ and held in favour of the assessee.

Therefore, the Tribunal opined that in the instant case, wherein no addition had been made in the hands of assessee on account of reasons recorded for reopening the assessment, the assessment order assessing any other income in the hands of assessee was not sustainable.

Accordingly the Tribunal held that re-assessment proceedings completed in the case of assessee, wherein no addition had been made on account of reasons recorded for reopening the assessment could not stand and was bad in law.

Download Full Judgment Click Here >>

Share

Recent Posts

  • RBI

RBI specifies ‘Related Party’ with respect to banks

RBI specifies ‘Related Party’ with respect to bank RBI has issued RBI Credit Risk Management Directions, 2025 defining ‘Related Party’…

2 days ago
  • GST

Advisory on Filing Opt-In Declaration for Specified Premises, 2025

Advisory on Filing Opt-In Declaration for Specified Premises, 2025 Dear Taxpayers, The relevant declarations issued vide Notification No. 05/2025 –…

4 days ago
  • GST

FAQs for HSNS Cess Act, 2025 and HSNS Cess Rules, 2026

FAQs for HSNS Cess Act, 2025 and HSNS Cess Rules, 2026 Q1. Who is required to get registered under the…

5 days ago
  • Income Tax

Refusing to condone delay can result in a meritorious matter thrown out at threshold

Refusing to condone delay can result in a meritorious matter thrown out at very threshold against case being decided on…

6 days ago
  • Income Tax

Prior period income cannot be considered as income of the current year

When prior period expenses are not admissible as deduction, following the same principle the prior period income also cannot be…

7 days ago
  • Income Tax

SC condoned delay of 972 days in filing appeal due to restructuring in Department

Supreme Court condoned delay of 972 days in filing appeal due to restructuring in Income Tax Department In a recent…

1 week ago