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In response to notice u/s 148, the assessee had filed a letter dated 25.04.2012 stating the return filed originally on 29.11.2006 may be treated as a return for the purpose of the said notice. In the same letter, the assessee had sought for the reasons stated for reopening the assessment. The Assessing Officer vide his letter dated 01.05.2012 had furnished the reasons recorded. The sole reason for reopening the assessment was that the assessee had violated the provisions of section 139 of the I.T.Act, since no return of income was filed, and therefore, income chargeable to tax has escaped assessment within the meaning of section 147 of the I.T.Act. The assessee vide its letter dated 29.05.2012 filed objections to the reassessment. It was submitted the reasons recorded was factually incorrect as the assessee had filed the return of income u/s 139(1) of the Act for the assessment year 2006-2007 on 29.11.2006. A copy of the said return of income filed quoting PAN AAJFS9814M along with acknowledgement, were duly furnished as an annexure to the letter. It is an admitted fact that the assessee had filed the return of income quoting the PAN duly allotted by the Department. It is only subsequent to the filing of the return of income, the new PAN was allotted. Pursuant to the notice issued u/s 148, assessee made attempts to e-file its return of income for the assessment year 2006-2007, which was unsuccessful. The relevant screen-shot is attached as annexure A1 to the paper book. The assessee cannot be faulted that it had quoted the PAN AAJFS9814M, which was duly allotted by the Department and valid as on the date of filing of return of income (i.e. 29.11.2006). The returns of income were filed for assessment year 2006-2007 and earlier assessment years quoting the PAN AAJFS9814M. For the earlier assessment years, returns of income were duly accepted and the assessments were completed. It is not the case of the Assessing Officer that the return for the assessment year 2006-2007 was not filed at all. The assessee has duly paid the advance tax and also claimed TDS and selfassessment tax. The scrutiny notice u/s 143(2) of the I.T.Act was duly issued to the assessee quoting the old PAN. However, the scrutiny assessment got time barred and notice u/s 148 was issued for the sole reason that no return of income was filed for the assessment year 2006-2007. This reason stated for reopening the assessment is on wrong assumption of jurisdiction and not based on relevant material. Therefore, the CIT(A) was justified in cancelling the reassessment order passed u/s 144 r.w.s. 147 of the I.T.Act. Consequently, the additions made in the reassessment does not survive and has been rightly deleted by the CIT(A). It is ordered accordingly

Shanti Prime Publication Pvt. Ltd.

Section 147, 148 of Income Tax Act, 1961—Reopening of assessment—The assessee in its writ petition challenges a notice issued under section 148 of the Income-tax Act.

Reopening of case is done on the basis of factual error pointed out by the audit party.
Held that—This court is of the opinion that Carlton (2009) (DELHI HIGH COURT) concludes the issue in the present case ; the audit objection merely is an information. As reiterated in Kelvinator (2010) (SUPREME COURT OF INDIA) by the Supreme court, change of information is impermissible. The Revenue was clearly barred by the provisions of section 147/148 of the Act.

The impugned reassessment notice dated March 30, 2017, cannot be sustained. It is hereby quashed; all consequential proceedings issued and conducted pursuant to the said reassessment notice are also hereby quashed.[FIS GLOBAL BUSINESS SOLUTIONS INDIA PVT. LTD. (FORMERLY KNOWN AS EFUNDS INTERNATIONAL INDIA PVT. LTD.) VERSUS ASSISTANT COMMISSIONER OF INCOME-TAX] [2018] [6] [ITCD Online][135] [DELHI HIGH COURT]

In response to notice u/s 148, the assessee had filed a letter dated 25.04.2012 stating the return filed originally on 29.11.2006 may be treated as a return for the purpose of the said notice. In the same letter, the assessee had sought for the reasons stated for reopening the assessment. The Assessing Officer vide his letter dated 01.05.2012 had furnished the reasons recorded. The sole reason for reopening the assessment was that the assessee had violated the provisions of section 139 of the I.T.Act, since no return of income was filed, and therefore, income chargeable to tax has escaped assessment within the meaning of section 147 of the I.T.Act. The assessee vide its letter dated 29.05.2012 filed objections to the reassessment. It was submitted the reasons recorded was factually incorrect as the assessee had filed the return of income u/s 139(1) of the Act for the assessment year 2006-2007 on 29.11.2006. A copy of the said return of income filed quoting PAN AAJFS9814M along with acknowledgement, were duly furnished as an annexure to the letter. It is an admitted fact that the assessee had filed the return of income quoting the PAN duly allotted by the Department. It is only subsequent to the filing of the return of income, the new PAN was allotted. Pursuant to the notice issued u/s 148, assessee made attempts to e-file its return of income for the assessment year 2006-2007, which was unsuccessful. The relevant screen-shot is attached as annexure A1 to the paper book. The assessee cannot be faulted that it had quoted the PAN AAJFS9814M, which was duly allotted by the Department and valid as on the date of filing of return of income (i.e. 29.11.2006). The returns of income were filed for assessment year 2006-2007 and earlier assessment years quoting the PAN AAJFS9814M. For the earlier assessment years, returns of income were duly accepted and the assessments were completed. It is not the case of the Assessing Officer that the return for the assessment year 2006-2007 was not filed at all. The assessee has duly paid the advance tax and also claimed TDS and selfassessment tax. The scrutiny notice u/s 143(2) of the I.T.Act was duly issued to the assessee quoting the old PAN. However, the scrutiny assessment got time barred and notice u/s 148 was issued for the sole reason that no return of income was filed for the assessment year 2006-2007. This reason stated for reopening the assessment is on wrong assumption of jurisdiction and not based on relevant material. Therefore, the CIT(A) was justified in cancelling the reassessment order passed u/s 144 r.w.s. 147 of the I.T.Act. Consequently, the additions made in the reassessment does not survive and has been rightly deleted by the CIT(A). It is ordered accordingly

Shanti Prime Publication Pvt. Ltd.

Section 147, 148 of Income Tax Act, 1961—Reopening of assessment—The assessee in its writ petition challenges a notice issued under section 148 of the Income-tax Act.