Vinayak Traders v. ITO (2024) 232 TTJ 958 / 38 NYPTTJ 1205 (Jodhpur)(Trib)

S. 147: Reassessment-Incorrect information-Reassessment is not valid-Receipt on sale of goods-Addition is deleted. [S. 68, 148]

Held that  the assessment proceedings were conducted by the faceless AO, notice under s. 148 issued by the jurisdictional AO is invalid; reopening is invalid also because the reason recorded for reopening the assessment i.e., non-genuine purchase of goods from a particular company, is absolutely incorrect. On merit asessee has  produced evidence of the sales recorded in its books of account and offered the profit thereon for taxation, and the AO having not made any specific enquiry in this regard, it has to be accepted that the nature of credit in the books of account is sales of goods and, therefore, impugned addition made by the AO under s. 68 is not sustainable. (AY. 2018-19)

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