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2022 (4) TMI 43 - CHHATTISGARH HIGH COURTReopening of assessment u/s 147 - Eligibility of reasons to believe - reasons to believe recorded by AO only mentions that information available with department is that petitioner is involved in obtaining bogus bills from a paper shell company of Kolkata, but name of company from whom petitioner has obtained bogus bills has not been specifically mentioned by AO - HELD THAT:- If reasons are recorded by Assessing Officer based on certain information, then such information should be concrete and specific name of paper shell company should have been mentioned by Assessing Officer in reasons to believe, which is lacking in present case. Approval/sanction granted under Section 151 of the Act of 1961 is also not proper because sanctioning/approving authority in approval has only written 'approved'. From the assessment order u/s 143 (3) and reasons recorded by AO, it is apparent that Assessing Officer has committed mistake, which vitiates the entire proceedings. Had the Approving / Sanctioning authority considered the record in proper manner, the mistake committed by Assessing Officer could have been detected by it and sanction/approval might have not been granted. In these circumstances, pending final decision of this petition, some interim protection may be granted to the petitioner. Taking into consideration facts and circumstances of case, particularly contents of assessment order u/s 143 (3) of the Act of 1961 where total income of petitioner assessee has been accepted by AO, as also contents of reasons to believe recorded by AO, determining total loss and further considering that name of paper shell company has not been specifically mentioned by Assessing Officer in the reasons recorded, we are inclined to grant interim relief to petitioner pending disposal of this petition.
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