[aaykarbhavan] DRI report should be backed by independent material for intiating re-assessment

 DELHI HIGH COURT - Income Tax

1. Commissioner of Income Tax-IX Versus High Tech Engineers
   Reassessment proceedings - proceedings based upon the DRI investigations – failure to issue notice u/s 143(2) – Held that:- Tribunal was of the view that the CIT (A) has also made his observations regarding the non-maintainability of the disallowance made by the AO in the reassessment accepting contention of the assessee in this regard - The decision of the Tribunal is based upon its consideration of the CIT(A) order - the AO seems to have been entirely influenced by the allegations envisaged in the DRI report as to the unjustified drawback claimed by the assessee - There was otherwise no independent material to support the conclusions of the AO in the reassessment proceedings-a fact which persuaded the CIT(A) to set aside the reassessment – no substantial question of law arises for consideration – Decided against Revenue.

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Regards

Prarthana Jalan

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Posted by: Prarthana Jalan <prarthanajalan@ymail.com>

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