ACHARYA SHUKAT KHALIL v. ASSISTANT COMMISSIONER OF INCOME TAX
[Citation -2007-LL-0727-5]

Citation 2007-LL-0727-5
Appellant Name ACHARYA SHUKAT KHALIL
Respondent Name ASSISTANT COMMISSIONER OF INCOME TAX
Court ITAT
Relevant Act Income-tax
Date of Order 27/07/2007
Assessment Year 1999-2000
Judgment View Judgment
Keyword Tags initiation of reassessment • reassessment proceedings • income chargeable to tax • agricultural income • purchase of land • original return
Bot Summary: In the said return, the assessee disclosed purchase of land for a consideration of Rs. 1,10,000. Subsequently, the AO has initiated reassessment proceedings by issuing notice under s. 148 of the Act on the ground that the assessee purchased agricultural land by making an investment of Rs. 1,10,000 and also disclosed agricultural income of Rs. 62,926. The AO, while completing the assessment under s. 144/147 of the Act, determined the income of the assessee at Rs. 2,25,090 on the ground that the investment made by the assessee remained unexplained and the agricultural income claimed by the assessee was income from other sources. During the course of hearing, the learned representative of the assessee submitted that the AO has initiated reassessment proceedings in respect of the same very fact that had duly been disclosed by the assessee in the original return filed by him. The learned Departmental Representative, on the other hand, submitted that the assessee could not explain the opening balance to justify the investment o f Rs. 1,10,000 made by the assessee for purchase of agricultural land. Since the assessee has furnished all the requisite particulars in respect of purchase of agricultural land and has shown the agricultural income in his return, I am of the considered view that the assumption of jurisdiction by the AO to make an investigation in respect of those very facts which were already before the AO is not valid as no reasons have been recorded by the AO that he had reasonable belief that the income chargeable to tax has escaped assessment. 2 to 5, the assessee has disputed the additions made by t h e AO. Since I have cancelled the assessment order, I do not consider it necessary to adjudicate the other grounds in respect of additions made by the AO, In the result, the appeal of the assessee is allowed.


assessee has filed this appeal for asst. yr. 1999-00 against order dt. 21st Dec., 2004 of learned CIT(A). In ground No. 1 of appeal, assessee has disputed legality of initiation of reassessment proceedings. I have heard learned representatives of parties and have perused orders of authorities below. I observe that assessee filed his return of income on 16th Feb., 2001 along with copy of balance sheet, P&L a/c. copy of said return along with balance sheet and P&L a/c is placed on record. In said return, assessee disclosed purchase of land for consideration of Rs. 1,10,000 (including registration expenses). He also showed agricultural income of Rs. 62,926. It is observed that said return was processed under s. 143(1) of Act. Subsequently, AO has initiated reassessment proceedings by issuing notice under s. 148 of Act on ground that assessee purchased agricultural land by making investment of Rs. 1,10,000 and also disclosed agricultural income of Rs. 62,926. AO, while completing assessment under s. 144/147 of Act, determined income of assessee at Rs. 2,25,090 on ground that investment made by assessee remained unexplained and agricultural income claimed by assessee was income from other sources. During course of hearing, learned representative of assessee submitted that AO has initiated reassessment proceedings in respect of same very fact that had duly been disclosed by assessee in original return filed by him. He further submitted that there is no reasonable belief of AO that income chargeable to tax had escaped assessment, leaving aside fact that assessee filed full particulars of his income. He submitted that assessee furnished all requisite details along with his return and hence initiation of reassessment proceedings by AO was not valid. He further submitted that AO has also recorded no reasons before issuing notice under s. 148 of Act. learned Departmental Representative, on other hand, submitted that assessee could not explain opening balance to justify investment o f Rs. 1,10,000 made by assessee for purchase of agricultural land. She further submitted that assessee could not file details of purchase of seeds, fertilizers, etc. in support of carrying out agricultural operation. I, on consideration of submissions of learned representatives of parties, am of view that action of AO in initiating reassessment proceedings by issuing notice under s. 148 of Act is not justified as AO has not recorded his satisfaction that he has reasonable belief that income chargeable to tax has escaped assessment. It is, observed that AO has initiated reassessment proceedings only after making inquiries about investment made in purchase of agricultural land and about income that has already been disclosed by assessee in regular valid return. Delhi Bench (TM) of Tribunal in case of Asstt. CIT vs. Star Ferro Alloys (P) Ltd. reported in (2005) 94 TTJ (Del)(TM) 28: (2004) 90 ITD 63 (Del)(TM) has held that for verification of any claim AO cannot resort to initiation of proceedings under s. 147 of Act. Since assessee has furnished all requisite particulars in respect of purchase of agricultural land and has shown agricultural income in his return, I am of considered view that assumption of jurisdiction by AO to make investigation in respect of those very facts which were already before AO is not valid as no reasons have been recorded by AO that he had reasonable belief that income chargeable to tax has escaped assessment. Therefore, I cancel assessment order passed by AO under s. 144/147 of Act, as AO has not validly initiated assessment proceedings. Therefore, ground No. l of appeal taken by assessee is allowed. In ground Nos. 2 to 5, assessee has disputed additions made by t h e AO. Since I have cancelled assessment order, I do not consider it necessary to adjudicate other grounds in respect of additions made by AO, In result, appeal of assessee is allowed. *** ACHARYA SHUKAT KHALIL v. ASSISTANT COMMISSIONER OF INCOME TAX
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