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2004 (9) TMI 26 - HC - Income TaxValidity of notice issued u/s 148 - Assessing Officer has issued the notice merely relying on the audit objection - It is the bounden duty of the Revenue to discharge the onus of showing that there was any failure on the part of the petitioner. - When the assessee has placed on record sufficient material to show that machinery was used, then in that case there is no failure on the part of the petitioner. - In our opinion, on the same material a different view is sought to be taken and this is nothing but a mere change of opinion and that would not amount to escapement of income. Mere change of opinion would not confer jurisdiction upon the Assessing Officer to initiate proceedings under section 147 – impugned notice are quashed
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