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