Ramasamy Kandasamy v. The ITO

Parties Involved

Facts Summary

The case involves the reopening of an assessment for the Assessment Year 2012-13 by the Assessing Officer (AO) under Section 147 of the Income Tax Act, 1961. The appellant, Ramasamy Kandasamy, is one of the trustees of 'The Karur Kongu Charitable Trust'. A survey under Section 133A was conducted on 23.01.2013, during which several materials, including loose documents, trial balance, completion certificate, and estimated cost of construction, were seized by the AO. Statements of several persons were recorded by the AO at the time of the survey. The AO was aware of the contents of the seized material as he had examined them in post-survey enquiries and thereafter examined the trustees on oath under Section 131 of the Act. The AO did not issue a notice under Section 143(2) for the Assessment Year 2012-13 despite having the time and material to do so. Later, the AO's successor issued a notice under Section 148 on 26.03.2019, beyond four years from the end of the relevant assessment year, based on the same impounded material.…

Legal Issues

• 1. Whether the AO had fresh tangible material for reopening the case under Section 147.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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