The Assessing Officer initiated reassessment proceedings against the assessee on account of the assessee’s time deposits, cash deposit in bank accounts and interest income, respectively, he ultimately made addition under section 68 on unexplained cash credits in the nature of unsecured loans/land advances. The Commissioner (Appeals) partly reversed the additions. On appeal by the Revenue the assessee moved an application as per Rule 27 of the Income-Tax (Appellate Tribunal) Rules, 1963, challenging that when the Assessing Officer not making addition pertaining to reasons recorded for reopening assessment, other additions cannot be made. Tribunal admitted the Rule 27 application and held that when the Assessing Officer had not made any addition pertaining to his three-folded reasons for reopening the assessment. The reopening was not sustainable in law. (AY.2012-13)
ITO v. Hassab Realty Pvt. Ltd. (2022) 99 ITR 315 (Pune) (Trib)
S. 147 : Reassessment-Not made any addition pertaining to three-folded reasons for reopening the assessment-Cash credits-Reassessment order is bad in law.[S. 68, 148, 254(1)]