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Respondents have tried to traverse beyond the disclosed reasons in their affidavit which is not permissible. The same cannot be taken into consideration, while examining validity of notice under section 148.The attempt made by Respondent No. 2 to reopen the concluded assessment is not at all justified and consequently the impugned notice cannot be sustained.

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Section 45 & 147 of the Income-tax Act, 1961—Reassessment— The reasons which are recorded by the Assessing Officer for re-opening an assessment are the only reasons which can be considered when the formation of the belief is impugned; such reasons cannot be supplemented subsequently by affidavit

Facts: By fling this petition under Article 226 of the Constitution of India, Petitioner seeks quashing of notice dated 31-3-2019 issued under section 148 by the Assistant Commissioner of Income Tax, Circle 1(1)(2), Mumbai i.e. Respondent No. 1 as well as the order dated 26-8-2019 passed by the Deputy Commissioner of Income Tax, Circle 1(1)(2), Mumbai i.e. Respondent No. 2, rejecting the objections raised by the Petitioner to re-opening of assessment under section 147-

Held, that Revenue have tried to traverse beyond the disclosed reasons in their affidavit which is not permissible. The same cannot be taken into consideration, while examining validity of notice under section 148. The reasons which are recorded by the Assessing Officer for re-opening an assessment are the only reasons which can be considered when the formation of the belief is impugned; such reasons cannot be supplemented subsequently by affidavit, thus, attempt made by Revenue to reopen the concluded assessment is not at all justified and consequently the impugned notice cannot be sustained. - GATEWAY LEASING (P.) LTD. V/s ASSTT. CIT - [2020] 23 ITCD Online 158 (BOM)