Jagadeesan Mani v. ITO, IT (2024) 208 ITD 641/114 ITR 92 (SN) (Mum) (Trib.)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained Moneys-Non-Resident-Erroneous facts-Reassessment order is quashed.[S.69A, 148, 148A(b)]

 Assessing Officer issued a reassessment notice on ground that assessee had entered into four transactions which included purchase of immovable property, purchase and sale of equity shares and other financial transactions for which assessee had not filed his return of income.Assessing Officer  passed draft assessment order determining total income after making addition/disallowance on short term capital gain and unexplained investment on best judgment assessment for reason that assessee had been non compliant throughout assessment proceeding.  Dispute Resolution Panel issued directions rejecting original draft assessment order passed by Assessing Officer for reason that Assessing Officer had reopened assessee’s case based on erroneous facts and premise which did not relate to assessee  Pursuant to direction of Dispute Resolution Panel Assessing Officer passed final assessment order after making an addition as unexplained investment under section 69A. On appeal the Tribunal held that   order of  Assessing Officer in reassessing a case on erroneous facts and on non application of mind had been reprimanded by various decisions of High Courts and Apex Court hence  draft assessment order and consequential final assessment order  is held to be  invalid  hence quashed. (AY. 2018-19)

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