Allowing the petition the Court held that; even in a case where the return filed by the assessee is accepted without scrutiny, as per the settled law, the Assessing Officer can issue a notice of reopening of assessment provided he has reason to believe that income chargeable to tax has escaped assessment. The Assessing Officer cannot proceed mechanically and also on erroneous information that may have been supplied to him. In fact, we note that in the present case the Assessing Officer had issued a notice to a wrong person. The impugned notice is, therefore, set aside. (WP No. 14490 of 2018, dt. 17.01.2019) (AY.2011-12)
Akshar Builders and Development v. ACIT (2019) 411 ITR 602/ (2020) 196 DTR 212(Bom.)(HC), www.itatonline.org
S. 147 : Reassessment- After the expiry of four years-Information supplied by investigation wing –Issue of notice to a wrong person-Even in a case where return is accepted without scrutiny, the AO cannot proceed mechanically and on erroneous information supplied to him by investigation wing. If AO acts merely upon information submitted by investigation wing and on total lack of application of mind, the reopening is invalid. [S.143(1), 148]