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Our finding and Adjudication

4. From the fact, it emerges that the assessee filed regular return of income on 05-10-2013 which was initially processed u/s 143(1). However, the case of reopened on the allegation that the assessee had purchased certain property for consideration of Rs.9 Crores during the period under consideration and it was also alleged in the reasons for reopening that no return of income was ever filed by the assessee. Accordingly, opinion of escapement of income has been formed by Ld. AO. Pertinently, before reopening the case of the assessee, certain information was called for by DIT (I&CI) qua transaction of purchase of property vide letters dated 26-11-2013 & 26-12-2013. The same were duly been responded to by the assessee along with financial statements. The attention was drawn to the fact that Income Tax Return was already filed by the assessee on 05-10- 2013. Thereafter, the case of the assessee has been reopened and reasons for reopening have been recorded by Ld. AO as late as on 30-03-2019 after obtaining necessary administrative approval of Ld. Pr. CIT-2, Chandigarh. These documents have been placed on record. In the opening paragraph of recorded reasons, Ld. AO, at para-1 has stated that "As per ITD database, the assessee has not filed any return of income for the year under consideration. No scrutiny assessment u/s 143(3) has taken place in the case of the assessee for the relevant year". In para-3 also, it has been recorded by Ld. AO that "On physical verification as well as from the ITD database, it is gathered that no return has been filed by the assessee for the A.Y.2012-13...". Similar fact has been reiterated at paras 4 & 5. In para-6, considering the fact that the assessee did not file return of income, Ld. AO invoked the provisions of clause (a) of Explanation-2 to Sec.147 which are specifically applicable only in case where no return of income is furnished by the assessee. This explanation provide that it would be a deemed case of escapement of income where no return of income had been furnished by the assessee although his total income or the total income of any other person in respect of which he is assessable under this Act during the previous year exceeded the maximum amount which is not chargeable to income-tax. The said explanation is clearly not applicable to the case of the assessee. In contrast to this, while taking administrative approval of Ld. Pr. CIT-2, Chandigarh, the Ld. AO, in column 7(a) &