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2021 (2) TMI 103 - HC - Income TaxReopening of assessment u/s 147 - only information received from the Investigation Wing relied upon or independent enquiry done by AO - Proof of on application of mind by AO - HELD THAT:- Having regard to the materials on record, it cannot be said that there is total non-application of mind on the part of the Assessing Officer while recording the reasons for reopening of the assessment. It also cannot be said that his conclusion was merely based on the observations and information received from the Investigation Wing as the Assessing Officer could be said to have applied his mind to the same. The Assessing Officer could not be said to have merely concluded without verifying the fact that it is the case of reopening of the assessment. No merit in the submission of Mr. Divatia, the learned counsel appearing for the writ applicant that the contents of the reasons recorded by the Assessing Officer for reopening of the assessment is merely an introduction to the investigation conducted by the Investigation Wing, the sum up of inquiry of the investigation wing or the information received from the Investigation Wing etc. As examined the belief of the Assessing Officer to a limited extent to look into whether there was sufficient or any tangible materials available on the record for the Assessing Officer to form the reasonable belief and whether there was 'live link' existing of the material and the income chargeable to tax that escaped assessment. The case on hand is not one, where it can be argued that the Assessing Officer on absolutely vague or unspecific information, initiated the proceedings of re-assessment without taking pains to form his own belief in respect of such materials. We are convinced that we should not interfere in this matter. In the result, present writ application fails and is hereby rejected.
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