Sonea Dhir (Mrs.) v. CIT (A) (2025) 214 ITD 128 (Delhi) (Trib.)

S. 147: Reassessment-Unexplained investments-No addition was made on the reasons recorded-Reassessment order was quashed and set aside.[S.50C, 69, 148]

Assessing Officer reopened the assessment on the ground that the purchase consideration remained unexplained.  However, no addition was made on account of payment towards purchases of immovable property. Thereafter, the Assessing Officer went on discussing issues of capital gains declared on other properties, viz application of provisions of section 50C and disallowance of interest paid on home loans and made additions on said issues. CIT A) affirmed the order of the Assessing Officer. On appeal the Tribunal held that  since none of additions/disallowance made was linked with reasons recorded for reopening of assessment, Assessing Officer had exceeded its jurisdiction by making additions on issues which were not forming part of reasons recorded for reopening assessment when no addition was made on issue covered in reasons recorded. Reassessment was quashed and set aside. (AY. 2011-12)

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