Section 143(1) Intimation Cannot Be Reopened u/s 147 In Absence Of “Tangible Material”: Gujarat High Court

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Dear Subscriber,

 

The following important judgement is available for download at itatonline.org.

Inductotherm (India) Pvt. Ltd vs. DCIT (Gujarat High Court)

S. 143(1) intimation cannot be reopened u/s 147 in absence of "tangible material"

 

For AY 2002-03, the AO issued an Intimation u/s 143(1) accepting the return. Subsequently, based on objections raised by the audit, he issued a s. 148 notice to reopen the assessment. The AO set out four issues in the recorded reasons and for two he stated that the reopening was to "verify" the expenditure. The assessee filed a Writ Petition to challenge the reopening inter alia on the ground that there was no reason to believe that income had escaped assessment. HELD by the High Court:

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