The AO reopened the assessments based on information from a survey at Aakash Hospital & Diagnostic. The reason recorded for reopening was that the assessee allegedly had unreported salary income of Rs.6 lakh. However, while completing the reassessment, the AO did not make any addition for the alleged Rs.6 lakh escaped income. Instead, additions were made for unexplained investment in a recurring deposit scheme/bank deposits. On appeal, the ITAT held that the AO’s recorded reasons must show the basis for reopening. The AO cannot make additions on a new issue when the original reason for reopening does not result in an addition. The Tribunal followed the principle that if the income for which reassessment was initiated is not added, other unrelated additions cannot survive. The appeals filed by the assessee were allowed. The additions made deleted. [AY. 2017-18 2018-19]
Bhupesh Gupta v. ACIT (2025) 128 ITR 317 (Chd)(Trib.)
S. 147: Reassessment-Validity of addition on new issue -Assessment reopened for escapement of salary income, but addition made on account of Recurring Deposit Investment -Addition was deleted. [S. 148]
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