TMI Blog2016 (1) TMI 787X X X X Extracts X X X X X X X X Extracts X X X X ..... ice, therefore, as recorded in the reasons, would be belied. Other than recording that no return was filed such reasons recorded that as per the Form 26AS, it was noticed that the petitioner has received salary income of ₹ 36 lacs and had also purchased immovable properties worth ₹ 70 lacs. When the ground of non filing of the return disappears and as can be seen from the return, there was fully disclosure about the salary income of the petitioner, the reasons recorded by the Assessing Officer become completely invalid. Her attempt now to rope in the question of deemed dividend cannot be permitted since the validity must be judged on the basis of reasons recorded and not on the basis of extraneous material. Reopening quashed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting to ₹ 36,00,000/- as reflected in its form 26AS for which no return of Income has been filed till date, has escaped assessment for assessment year under consideration in the spirit of provisions of section 147(a) of the Income Tax Act, 1961. I have reasons to believe that it is a fit case for reopening of the assessment by invoking the provisions of section 147 of the I.T.Act,1961. 3. The petitioner raised objections pointing out that the return of the income was actually filed, in which, the salary income was duly reflected. The reasons were, therefore, not valid. The Assessing Officer, however, rejected such objections by her order dated 04.08.2015. Hence, this petition. 4. Learned counsel for the petitioner submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he same authority where it was previously done and that the norms required the Director of the company to file the return before the same authority where company has to be assessed, there is no serious grounds raised by the respondent. Further, the return filed by the petitioner was acknowledged and intimation under sub-section (1) of Section 143 was issued. Such being the facts, it cannot be stated that the petitioner had filed no return. The very foundation for issuing notice, therefore, as recorded in the reasons, would be belied. Other than recording that no return was filed such reasons recorded that as per the Form 26AS, it was noticed that the petitioner has received salary income of ₹ 36 lacs and had also purchased immovable p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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