TMI Blog2014 (2) TMI 851X X X X Extracts X X X X X X X X Extracts X X X X ..... available at the time of the original assessment and in fact appears to have been used by the AO at the relevant time i.e. during the completion of proceedings under section 143(3) – thus, the attempt to reopen the proceedings under section 147/148 is really the result of a change of opinion – and thus beyond the pale of the AD’s jurisdiction - Decided in favour of Assessee. - W. P. (C) 1608/2013 & CM Appl. 3024/2013 - - - Dated:- 14-2-2014 - S. Ravindra Bhat And R. V. Easwar,JJ. For the Petitioner : Mr Rakesh Gupta, Mr Rishabh Kapoor and Ms Khshbu Upadhyay, Advs. For the Respondent : Mr Rohit Madan, Adv. ORDER S. Ravindra Bhat, J.: (Open Court) The petitioner in this case challenges the notice proposing reassessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... instock Pvt. Ltd. Corpn Bank, Kamla Nagar 4029 The information received also indicated that the bank accounts of M/s Ashiana Electronics Pvt. Ltd. and M/s Propkari Finstock Pvt. Ltd. were maintained and controlled by one Shri Hari Om Bansal, who has in statement given on oath on 12.04.2005 before the Investigation Wing admitted that he had received cash in lieu of cheque or draft to various persons through various bank accounts maintained by him with the help of his associates. In view of the reports received from the Investigation Wing and the above facts and findings, it is clear that the assessee company has not disclosed fully and truly all material facts necessary for its assessment for the assessment year under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intimation or report of the DIT (Investigation) was circulated to all concerned including AOs of Delhi Charge on 13.3.2006. It was therefore urged that the reasons in support of the notice were based upon material which was stale and therefore plainly outside the jurisdiction conferred under section 148. Counsel relied upon the decision of Supreme Court in CIT vs. Kelvinator (India) Ltd. (2010) 320 ITR 561. The learned counsel relied upon the response given during the assessment proceedings particularly the letters dated 20.9.2007, 5.11.2007, 15.11.2007, 29.11.2007, 10.12.2007 and 17.12.2007. It was submitted that the details of the share applicants, who had applied for allotment, sought for by the AO in the regular assessment were furnishe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled after the counter affidavit is filed. The additional affidavit was filed by one Arun S. Bhatnagar, Commissioner of Income Tax, Delhi-V and affirmed on 16.12.2013. The relevant contents of the said affidavit are as under : 3. That after going through the original assessment records, it has been noticed that letter dated 13.03.2006 was not on record before the Assessing Officer when the original assessment was framed on 24.12.2007. 4. The information regarding the letter dated 13.03.2006 was received by the office of DCIT, Respondent No.1 after the proceedings u/s 143(3) were concluded and based on the contents of the letter dated 13.03.2006, appropriate proceedings have been initiated by the Department u/s 147/148 of the Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the decision of the Supreme Court in Commissioner of Police v. Goverdhan Das Bhanji AIR 1952 SC 16 where it was held that public orders made by public authorities intended to have effect on the public should be construed objectively with reference to the language used rather than explanations subsequently offered. This principle was reiterated in a somewhat different vein in MS Gill V. Chief Election Commissioner, AIR 1978 SC 851 by the Supreme Court. Such being the case this Court has no doubt that the impugned notice, in the circumstances of the case is based upon stale information which was available at the time of the original assessment and in fact appears to have been used by the AO at the relevant time i.e. during the completion of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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