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2015 (7) TMI 917 - HC - Income TaxReopening of assessment - validity of notice - assessee has not offered any income arisen by way of transfer of capital asset on dissolution of Sant Trust for taxation - whether the sanction was not accorded by the Joint Commissioner but by officer superior in rank to the Joint Commissioner and therefore, the sanction is invalid? - Held that:- In the present case the Joint Commissioner who was promoted as a Commissioner and has granted the sanction, was directed by the Board to so discharge duties of Joint Commissioner in the communication dated 20 February 2014. Thus the CBDT has in terms of Section 120(2) of the Act authorised Commissioner to exercise / or perform functions of an Income Tax authority subordinate to him i.e. of Joint / Addl. Commissioner. Consequently, the impugned Notice cannot be said to be without jurisdiction on account of lack of sanction. So far as the reasons recorded by the Assessing Officer in support of the impugned Notice is concerned, we find that it clearly indicates that the information leading to the impugned notice was received from the Assessing Officer of the beneficiaries. However it is also recorded in the Notice itself that the same was issued after verification of the information. Thus, we do not accept Mr.Toprani's submission that the Assessing Officer failed to apply his mind independently before issuing the impugned Notice. As far as the issue with regard to the Intimation under Section 143(1) of the Act being beyond the period of time provided is concerned or that all material facts have been truly and fully disclosed would all require adjudication of factual dispute between the parties. Similarly, issue with regard to the applicability of the decision of this Court in L.R.Patel Family would also require debate. These all issues can be decided and adjudicated upon by Assessing Officer during reassessment proceedings. These are not issues which go to the root of the jurisdiction in view of the disputed position between the parties. - Decided against assessee.
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