Hon’ble Court held that the Investigating Officer who has seized the goods on the basis of which reassessment proceedings were initiated, did not share it with the AO of the assessee within the period of 15 days as mandated under section 132(9A) of the Act. Further, the decision of the AO to initiate the reassessment proceedings under section 147 was not independent but at the behest of the superior officer. Hence, the entire proceedings is bad in law. Order of Tribunal is affirmed. (AY. 1988-89 to 1992-93)
Dy. CIT (Assessment) v. Surendra Kumar Jain (Dead) (2025) 472 ITR 346 (Chhattisgarh) (HC)
S. 147 :Reassessment-Assessment of third person-Authorised Officer conducting search to hand over seized documents relating to third person to Assessing Officer having jurisdiction within fifteen days of seizure-Assessing Officer seeking instructions from superior authority and not exercising independent judgment on facts-Reassessment proceedings and assessment order passed by Assessing Officer at dictation of higher authorities-Null and void. [S. 132, 132A(3), 147, 148, 153C, 260A]
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