Meta Plast Engineering P. Ltd. v. ITO ( Delhi)(Trib) , www.itatonline.org

S. 147: Reassessment – Bogus accommodation entries – Order was passed before expiry of four weeks of passing the orders of objection – Non application of mind while recording reasons – Order was held to be bad in law [ S. 148 ]

Allowing the petition the Tribunal held that , passing the reassessment order before the expiry of 4 weeks of passing the order of objections renders the reassessment order void. Also, if the reasons state “bogus accommodation entries were provided/taken” and it is not clear whether the assessee has received or provided accommodation entries, it means there is no application of mind by the AO while recording reasons. ( ITA No. 5780/Del/2014, dt. 06.04.2018)(AY. 2004-05)