TMI Blog2014 (6) TMI 289X X X X Extracts X X X X X X X X Extracts X X X X ..... recorded - Requirement of recording reasons flows from the statutory provisions of section 148(2) of the Act- Sub-section (1) of section 148 as is well known pertains to issuance of notice where income has escaped assessment - sub-section (1) of section 148 pertains to such a notice to be issued by the AO before making the assessment, reassessment or re-computation of income u/s 147 of the Act - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12, as at annexure A to the petition issued by the respondent-Assess- ing Officer under section 148 of the Income-tax Act, 1961 ( the Act for short). The petitioner is a company registered under the Companies Act. For the assessment year 2007-08, the petitioner filed its return of income declaring a total income of Rs. 17.68 crores (rounded off). Such return was processed by the respondent and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bearing in mind the provisions contained in section 32(2)(iii) of the Income-tax Act, 1961, as amended on April 1, 1997. Such issue, therefore, cannot be allowed to be re-agitated, by way of reopening of the assessment. Learned counsel, further, submitted that notice for reopening the assessment was issued on March 23, 2012, whereas, the reasons for reopening the assessment, recorded by the Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for our perusal today that the petitioner's averments in this respect are correct. With his assistance, we have perused the file which reveals without any doubt that the notice was issued on March 23, 2012. We are informed that the same was received by the petitioner on March 26, 2012. Thus, on the date of issuance of notice, no reasons for issuing such notice were recorded. Requirement of re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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