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Judgment
This assessee’s appeal for Assessment Year 2009-10, arises against the C IT(A)-5, New Delhi’s in case No. Del/CIT(A0-5/0034/2017-18 dated 21.02.2019, in proceedings u/s 147 r.w.s. 143(3) of the Income Tax Act, 19 61 (in short “the Act”).
Heard both the p arties at length. Case file perused.
It transpires during the course of hearing that both the learned lower authorities had set into motion section 148/147 proceedings against the asse ssee to reopen the e arlier assessment dated 30.12.2016 framed in it’s case u/s 153C r.w.s. 143(3) of the Act.
It is in this factual backdrop that the tr ibunal sought to verify as to whether the impugned reopening is based on any incr iminating material or not which found a mandatory cond ition in a search assessment settled as per hon’ble apex cour t’s landmark decision in PCIT vs. Abhisar Buildwell Pvt. Ltd. (2023) 454 ITR 212 (SC). No satisfactory answer has come from the Revenue side since the imp ugned reopening is based on some investigations carried by the learned departmental authorities than any incriminating material found during the cour se of the search.
This being the clinching factual position, the tribunal hereby seeks no merit in the learned lo wer autho rities’ action initiating the impugned reopening against the assessee. The same stands quashed in very terms.
This assessee’s appeal is allowed.