| COURT: | ITAT Mumbai |
| CORAM: | G. S. Pannu (AM), Pawan Singh (JM) |
| SECTION(S): | 147, 148, 68 |
| GENRE: | Domestic Tax |
| CATCH WORDS: | bogus share capital, bogus share premium, Reopening of assessment |
| COUNSEL: | Pooja Swaroop |
| DATE: | September 26, 2018 (Date of pronouncement) |
| DATE: | January 29, 2019 (Date of publication) |
| AY: | 2009-10 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 147 Reopening for taxing Bogus share capital: Even in a s. 143(1) intimation, the AO is not entitled to reopen on the ground that the assessee has received "huge share premium" which was not "examined" by the AO. The AO cannot reopen in the absence of tangible material that shows income has escaped assessment | |
The assessment was processed under section 143(1). The assessment was reopened on 29.03.2014 without four year from the end of relevant Assessment Year. We have noted that the Assessing Officer nowhere mentioned in the reasons recorded that any tangible material either from assessment record or from other source has come in the notice of Assessing Officer for his reason to believe that any income has escape assessment. Therefore, the basic requirement of reopening of the assessee i.e. reason to believe was not fulfilled at the time of recording the reasons of reopening
Recent Comments