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Vinod Commodities v. ACIT (2019) 182 DTR 49 / 200 TTJ 273 (Jodhpur)(Trib.)

S. 147 : Reassessment-After the expiry of four years-AO should record ‘reason to believe’ that certain income chargeable to tax has escaped assessment–This belief should be based on independent enquires/application of mind and not on borrowed satisfaction ie basis information from Investigation Wing- Sanction-Sanction granted by the CIT under S. 151 by simply writing “Yes, I am satisfied” is also invalid. [S. 147, 148]

Held by the Tribunal that:

  • For re-opening, the condition precedent of ‘reason to believe’ that there escapement of income is sine qua non. Re-opening merely on the basis of information given by the Addl DIT (Inv.), without application of mind / independent enquires by AO is erroneous as it does not satisfy the jurisdictional fact and law for reopening. Hence, both the reopening and reassessment order are quashed

As the CIT has simply written ‘Yes I am satisfied’ on the same day on which AO has issued reasons recorded does not clear as to whether the senior officer / sanctioning authority has applied his mind before sanctioning, the sanction granted by the CIT under S.  151 is invalid and therefore, the notice under S. 148 is bad in law and quashed. (AY.2009-10)