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2018 (3) TMI 674 - HC - Income TaxReopening of assessment - non independent application of mind by assessee - out sourcing of reasons to believe - Held that:- The very reasons recorded by AO for issuing of the impugned notice the only words added to the above letter in the recorded reasons are “In this case information received from the Office of the DIT (Investigation) Unit4, Mumbai on 23rd March, 2017 vide letter dated 22nd March, 2017”. This, of course, besides the introductory para and the concluding para where he records that he has reasons to believe that income chargeable to tax has escaped assessment. Thus, prima facie, there has been no independent application of mind on the part of the Assessing Officer to the tangible material received from the Deputy Director of Investigation. The information received has to be examined in the context of the facts on record before coming to a view that income chargeable to tax has escaped assessment on account of failure to disclose fully and truly all relevant facts. In the absence of the above, it amounts to out sourcing of reasons to believe. Assessing Officer has issued the impugned notice without himself coming to a reasonable belief that income chargeable to tax has escaped assessment. - interim stay granted.
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