Beekay Enterprises v. ACIT (2022) 95 ITR 21 (Pune)(Trib)

S. 148 : Reassessment-Notice-Recorded reasons not supplied–Assessment order was quashed. [S. 147, 68, 69C 133A]

The assessee has filed return of income on 15-10-2020 declaring total income of Rs. 67,09,080/-. Thereafter, a survey action u/s 133-A of the Act was conducted on 16-01-2013 by Investigation Wing of the Department. Consequently, the assessee has declared an additional income of Rs. 1,11,06,967/-on 27-3-2015. Subsequently, the assessment u/s 143(3) r.w.s. 147 of the Act was completed on 27-3-2015 assessing total income at Rs. 4,13,15,312/-as against the returned income of Rs. 67,09,080/-by making an addition on account of inflated purchases from Hawala Parties at Rs. 3,46,06,232/-(Rs. 2,87,17,113/-(including additional income declared) plus Rs. 57,89,119/-}. Aggrieved, the assessee preferred an appeal before the ld. CIT(A) who vide his order dated 24-3-2017 restricted the total income at Rs. 69,21,245/-being 20% of alleged bogus purchases from hawala dealers and provided relief to the assessee. The Revenue has filed an appeal before the Tribunal on the amount of deletion by the CIT(A). The assessee has filed cross objection on the ground of the reassessment  mainly on the ground that the reassessment order was passed without disposing the objection hence the order is bad in law. Tribunal relied on the order of the Jurisdictional High Court in New Era Shipping Ltd (2021)) 430 ITR 431(Bom)(HC) and quashed the reassessment proceedings. (AY. 2010-11)