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2015 (10) TMI 809 - HC - Income TaxCondonation of delay - extraordinary delay of 344 days in re-filing the appeal - Held that:- Apart from saying that the appeals have been filed in the discharge of official duties and that some delay has taken place since the concerned officer had to perform other functions as Assessing Officer (‘AO’), there is no satisfactory explanation for the extraordinary delay. There appears to be some casualness on the part of the counsel for the Revenue in attending to the defects pointed out by the Registry. Consequently, the Court is not inclined to condone the delay in re-filing the appeal.- Decided against revenue. Reopening of assessment - whether the ITAT was justified in quashing the reassessment proceedings under Section 147/148 on the ground that there was no specific material with the AO to hold that any income has escaped assessment - Held that:- The decision of the ITAT appears to have turned entirely on facts. It is observed by the ITAT that there was nothing on record before the AO even in the form of any specific information that the Assessee had converted black money into white through an entry provider. Further, while in the notice issued to the Assessee for four years, the AO had observed that ₹ 27 lakhs, ₹ 62 lakhs, ₹ 4.80 crores and ₹ 6.96 crores respectively had escaped assessment, the additions actually made for the respective years were ₹ 27 lakhs, ₹ 10 lakhs, ₹ 1.5 crores and ₹ 10 lakhs respectively. This meant that the AO was himself “not sure that the entire amount which was mentioned in the report of the investigation was on account of the escaped income of the Assessee.” This also showed that the AO had not applied his mind before issuing notice under Section 148 of the Act. No substantial question of law arises for determination - Decided against revenue.
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