Allowing the petition the Court held that the explanation given by the Department that the assessment of the assessee for the AY. 2011-12 was reopened under section 147 / 148 after proper recording of reasons for forming belief that income had escaped assessment and approval of the Principal Commissioner under section 151 was obtained was not satisfactory. Nothing was placed on record to prove the approval taken. The proof produced by the assessee with regard to the acknowledgment of return filed for the AY. 2011-12 had not been disputed by the Department. The notice and order were quashed. (AY. 2011-12)
Deepak Wadhwa v. ACIT (2021) 435 ITR 699 (Delhi)(HC)
S. 147 : Reassessment-With in four years-Notice alleging failure to file the return-Acknowledgement for return filed was produced-Approval was not taken-Notice and order rejecting objections was Set aside- Cost of Rs 20,00 , was imposed on the Revenue . [S. 139, 148, Art. 226]