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2018 (10) TMI 1906 - HC - Income TaxReopening of assessment u/s 147 - reasons to believe or reasons to suspect - HELD THAT:- This Court after going through the ingredients of Section 147 of the Act, 1961 finds that the Assessing Officer has wider power, in respect of covering the escaped assessments for the purpose of reopening the assessment. The power under Section 147 of the Act, 1961, is to be exercised in various circumstances enabling the Assessing Officer to assess or reassess such income other than the income involved in the matters, which are the subject matters of any appeal, reference or revision. This Court finds, that in the instant case, in the notice which was communicated to the petitioner, it was informed to the petitioner that he was the actual beneficiary owner of some bank account in the case of one Munna Lal Pareek. This Court finds that the Assessing Officer has further given sufficient material to the petitioner by furnishing copy of assessment order of Munna Lal Pareek and order passed by the CIT (Appeals) in the case of Munna Lal Pareek. The said material or information available with the Assessing Officer has led the Assessing Officer to think that petitioner is required to be confronted by giving notice to explain the income, which was to be assessed in the hands of petitioner as the same is correct or not. In the instant case that there is no issue of jurisdiction which can be said to be raised by the petitioner and it is only allegation in respect of cryptic order passed by the Assessing Officer without having any reasons to believe or to initiate the proceedings under Section 148 of the Act, 1961. This Court further finds that the petitioner, who is given notice under Section 142 (1) to further explain and to place before the Assessing Officer the relevant facts relating to income which is now sought to be assessed, can always satisfy the authorities that the income which is now taken to be the income of the petitioner instead of one Shri Munna Lal Pareek, is well explained by their own sources. Considering, all the facts, this Court finds that there is no infirmity in the orders passed by the Income Tax Authorities and if any order of assessment/reassessment is passed, petitioner is always free to file an appeal contemplated under the Income Tax Act, 1961. The present writ petition is not maintainable before this Court.
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