TMI Blog2023 (3) TMI 267X X X X Extracts X X X X X X X X Extracts X X X X ..... levant and more importantly the facts stated in the counter would clearly show that the reasons furnished for reassessment suffers from error apparent on the face of the record inasmuch as admittedly reference was made to the wrong Bank and Account Number, while proposing reassessment on the basis of alleged deposits to the said account thereby vitiating the entire proceeding under Section 147. Yet another reason which would warrant interference is the fact that the Respondent has in its counter set up a case rather material particulars, different from the reasons given for reassessment, which is impermissible. It is well settled that public orders must be tested on the basis of what is stated in the order and subsequent counter affidavi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is made beyond the period of four years thus it is necessary for the assessing officer to find that there was failure on the part of the petitioner assessee to disclose fully and truly all material particulars. The above aspect is a condition precedent for invoking the power under Section 147 read with 148 of the Act beyond 4 years. Failure to render a finding on the same would vitiate the entire proceeding. 3. Brief facts: i) The petitioner is a partnership firm. The petitioner had filed its return of income on 25.11.2015 for the assessment year 2015-16 declaring an income of Rs.48,010/- and tax of Rs.16,248/-. ii) The petitioner s return was selected for scrutiny. During scrutiny, the petitioner was called upon to provide documen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m s deposited amount (Rs.7,81,93,92,066/-) is higher than gross receipts v) The petitioner submitted its reply / objection vide letter dated 02.07.2021, stating that the petitioner did not have any bank account in Bank of India, Virudhunagar Branch nor any Bank Account Number bearing 826620110000018. A confirmation letter from the Bank of India, Virudhunagar Branch was also submitted by the petitioner which confirmed that the petitioner did not have any account with Bank of India during the assessment year 2015-16. The impugned order has been passed rejecting the objection filed by the petitioner. It is this order of rejection which is under challenge before this Court in the present writ petition inter alia on the ground that ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... OnLine SC 1756. 6. On hearing both sides, I am of the view that the impugned proceedings suffers from error apparent on the face of the record. Reliance placed on Anshul Jain's case by the learned Senior Standing Counsel appearing for the Respondent is misconceived. The above judgment was a case were it was found as a matter of fact that the objections were considered. However, in the instant case this Court finds that objection have been rejected without even applying its mind to factors that are relevant and more importantly the facts stated in the counter would clearly show that the reasons furnished for reassessment suffers from error apparent on the face of the record inasmuch as admittedly reference was made to the wrong Ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fresh reasons in the shape of affidavit or otherwise. Otherwise, an order bad in the beginning may, by the time it comes to court on account of a challenge, get validated by additional grounds later brought out. ...... Orders are not like old wine becoming better as they grow older. 8. Applying the above decisions to the present case, this Court is inclined to set aside the impugned order, on the ground that the reasons furnished suffers from error apparent nor can the counter be called in aid to improve the impugned order. However, this would not preclude the Respondent from exercising the power of assessment, if there are reasons / circumstances which would warrant such exercise. Needless to state that the Respondent, shall if i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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