M/s Gassin Pierre Pvt. Ltd. Vs. DCIT, Circle-7(1), Kolkata

Parties Involved

Facts Summary

The assessee, M/s Gassin Pierre Pvt. Ltd., filed a return of income on 26.09.2014 declaring a total income of Rs. 1,37,45,813/-. An information was received from JCIT, Range-8, Kolkata on 15.10.2015 stating that the assessee had claimed bogus donation expenses under section 35(1)(ii) of the Act. Consequently, the case was reopened by issuing a notice under section 148 of the Act on 27.03.2017. The assessee had donated Rs. 25,00,000/- to the School of Human Genetics and Population Health and claimed a weighted deduction of Rs. 43,75,000/-. A survey operation under section 133A of the Act revealed that the institution was engaged in bogus donations. The assessee's donation was added back to its income in the assessment framed under section 147/143(3) of the Act.…

Legal Issues

• 1. Whether the reopening of assessment under section 147 of the Act without any incriminating material or independent application of mind is illegal and liable to be quashed.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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