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2016 (12) TMI 672 - BOMBAY HIGH COURTValidity of reopening of assessment - absence of the words “failure to disclose fully and truly all material particulars” in to the recording of the reasons - Held that:- The reasons recorded as whole, it is evident that there is, prima facie, failure of the assessee to disclose fully and truly all material particulars necessary for Assessment. The material received from the Principal Director of Income Tax (Investigation), Ahmedabad was material which was not disclosed during the regular assessment proceedings. Therefore, the impugned notice is not hit by the first proviso to Section 147 of the Act. The mere absence of the words “failure to disclose fully and truly all material particulars” in to the recording of the reasons, is not fatal to the impugned notice, if on a reading of the reasons as a whole one could conclude that there has been a failure on the part of the Assessee to disclose fully and truly all material particulars during the regular Assessment Proceedings. Therefore, we find no substance in the above submission. The letter dated 28th March, 2016 addressed by the Principal Commissioner of Income Tax (enclosing the communication dated 8th March, 2016 from the Principal Director of Income Tax (Investigation), Ahmedabad), only states “reopening of cases for Financial Year 2008-09 is getting barred by limitation of time on 31st March, 2016 and therefore to give top priority to these cases for necessary action.” This observation cannot lead to the conclusion that the Assessing Officer is acting on directions of his superior. All that the above observation means is that the Assessing Officer should expeditiously examine the facts, and if necessary, act before 31st March, 2016. It is not a direction to the Assessing Officer to issue a reopening notice Analysis of data i.e. material available can only lead to a prima facie view of income chargeable to tax has escaped assessment. If the data (material) received is not analyzed then the grievance is that there is no link between the material received and conclusion reached. Therefore, the analysis of data (material) would alone determine whether, prima facie, income chargeable to tax has escaped assessment. Therefore, we do not find any merit in the above objections.we are satisfied that the Assessing Officer on the basis of reasons recorded to issue impugned notice dated 30th March, 2016, had reasonable belief to come to the conclusion that income chargeable to tax has escaped assessment. - Decided against assessee
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