Yashoda Shivappa Nagangoudar v. ITO [2022] 138 taxmann.com 296 (Bom.)(HC)

S. 147: Reassessment-If income forming basis of reopening notice is not assessed, Assessing Officer cannot independently assess other escaped income subsequently noticed. [S.147 Expln. 3, 148, Art. 226]

The Assessing Officer reopened the assessment on the ground of an alleged cash deposit of Rs.13.40 lakhs. The assessee objected, proving that this information was incorrect, a fact which the Assessing Officer accepted. However, the Assessing Officer sought to continue the proceedings to assess other credits which were not mentioned in the original reasons. The High Court, relying on CIT v. Jet Airways (I) Ltd. [2011] 331 ITR 236 (Bom.)(HC)  held that if the income which formed the basis of the reopening notice is not assessed, the Assessing Officer cannot independently assess any other income which comes to his notice subsequently. Since the very basis for assuming jurisdiction had failed, the entire proceedings were without jurisdiction and the notice was quashed. (AY. 2012-13)

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