BIC Cello (India) (P.) Ltd. v. ACIT (2024) 298 Taxman 617 (Bom.)(HC)

S.147: Reassessment-After the expiry of four years-Cash deposits-Sales are offered to tax-Certificate from bank confirming the cash deposit-Reassessment notice and order disposing the objection is quashed.[S. 68, 148, Art. 226]

Reassessment  notice was issued  on basis of information that assessee had made cash deposits of 3.74 crores in its bank account which had escaped assessment.  Assessee pointed out that there was duplicity as there was only one bank account where only Rs. 1.87 crores had been deposited in cash which represented cash sales and had been offered to tax. Bank also issued a certificate that deposit was made of Rs. 1.87 crores.  Assessing Officer instead of dealing with this duplicity had simply stated that those details would be considered during reassessment proceedings and he had also not dealt with assessee’s assertion in objections that those amounts deposited in cash had been offered to tax. On writ  allowing the petition the Court held that   there could be no reason for Assessing Officer to believe that income chargeable to tax had escaped assessment.  Accordingly the notice and order disposing the objection is quashed. (AY. 2013-14)