Ambalal Nanabhai Patel v ITO (2021)92 ITR 81 (Ahd.)(Trib.)

S. 147 : Reassessment-After the expiry of four years-Unexplained investment-Assessment cannot be reopened merely on the basis of Report of District valuation officer-Allegation of escapement of income more than Rs. 1 lakh-Reassessment proceedings valid. [S. 69, 148, 149(1)(b)]

Held that  since the allegation was of escapement of income more than Rs. 1 lakh, the reopening could not be said to be invalid in view of the provisions of section 149(1)(b) of the Act. Therefore, the reopening of assessment proceeding was valid. Tribunal also held that  the Assessing Officer having completed the assessment under section 143(3) making additions in respect of unexplained investment, could not reopen the assessment for enhancement of the addition merely based on the report of the District Valuation Officer. (AY.2010-11)