Sunil Hanskrishna Khanna v. ACIT (2022) 139 taxmann.com 555 / 288 Taxman 46 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Information from DDIT (Inv)-Accommodation entries-Bogus capital gains and losses-Penny stock scrips-Original assessment proceedings transaction was treated as bonafide-Even if it was assumed that Assessing Officer had committed a mistake, still, assessment could not have been reopened to remedy error-Reassessment notice and order disposing the objection was quashed. [S. 45, 69, 148, Art. 226]

Assessment was sought to be reopened on ground that information was received from office of DDIT (Inv) that company JRI Industries  was involved in providing accommodation entries in form of bogus long term capital gains/short term capital losses in penny stock scrips to beneficiaries by manipulating stock market and assessee was one of persons/beneficiaries who had traded in scrip of JRI Industries and entire consideration from sale of shares of said scrip remained unexplained.  The objection for recorded reason was dismissed.  On writ allowing the petition the Court held that  in assessment proceedings, assessee had furnished particulars of transaction in JRI Industries and same was treated by Assessing Officer as bona fide transactions.  Even if Assessing Officer had no means to know that transactions in scrip of JRI Industries were not bona fide and even if it was assumed that Assessing Officer had committed a mistake, still, assessment could not have been reopened to remedy error. Reassessment proceedings was quashed and set aside.   Referred Gemini leather Stores v. ITO (1975) 100 ITR 1 (SC) (AY. 2013-14)