Assessment order was passed in case of assessee under section 147 read with section 144B. Subsequently, Assessing Officer issued reopening notice against assessee on ground that information was received from investigation wing that assessee was one of beneficiaries who received accommodation entry which was used to avail bogus LTCG/STCL. Tribunal held that Assessing Officer had not formed an opinion and he had mechanically followed report of investigation wing, hence, reopening was not justified. On appeal the Court held that the Tribunal committed an error in coming to a conclusion that Assessing Officer had not applied his mind for reopening assessment under section 147. Accordingly the order of reassessment is affirmed. (AY. 2013-14)
PCIT v. P.L. Goenka HUF (2025) 305 Taxman 398 (Cal)(HC)
S. 147 : Reassessment-Long term capital gains from equities-Information from Investigation wing-Accommodation entry-Reassessment is affirmed-Order of Tribunal set aside. [S. 145, 148, 260A]
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