Rita Das Vs ACIT, CC-23 (1), Hooghly

Parties Involved

Facts Summary

These two appeals are filed by the assessee, Rita Das, against the order of the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, both dated 27.10.2023 & 11.12.2023 for the assessment year 2011-2012. ITA No.1388/Kol/2024 is the quantum appeal and ITA No.1389/Kol/2024 is the penalty appeal. The Assessing Officer (AO) received information from the ADIT (Investigation) Unit-Durgapur and recorded reasons for reopening the assessment. However, it was argued that the AO did not conduct any further investigation and merely recorded conclusions without verifying the information. The approval granted by the Principal Commissioner of Income Tax (PCIT) was deemed mechanical and lacking application of mind.…

Legal Issues

• 1. Validity of the reasons recorded by the AO for reopening the assessment
• 2. Validity of the mechanical approval granted by the PCIT
• 3. Confirmation of penalty levied u/s.271(1)(c) of the Act

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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