Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2004 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2004 (11) TMI 61 - HC - Income Tax"Whether assumption of jurisdiction for making fresh assessment by the Assessing Officer was illegal because no reasons stood recorded for reopening of assessment under section 143(2)(b)?" - In the cases falling u/s 147, a reasonable belief must exist that income has escaped assessment. Whereas, no such ground must exist while exercising powers under section 143(2)(b) - The summary scheme envisaged under section 143 is an exception to the normal rule. In issuing such notice, there is no need to record reasons and hence, the assessee cannot question the issuance of notice issued by the Assessing Officer under section 143(2)(b) on the ground that no reasons were recorded prior to the issuance of notice. The only requirement is obtaining of previous approval of the Deputy Commissioner as provided in the proviso to sub-section (2).
|