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TMI Blog2017 (1) TMI 854X X X X Extracts X X X X X X X X Extracts X X X X ..... . Jasani for the petitioner Mr. Prakash C. Chhotaray for the respondent ORDER P. C. 1. Heard. 2. Rule. Respondents waive service. 3. This petition challenges a notice dated 31st March, 2016 issued under Section 148 of the Income Tax Act, 1961 (the 'Act') seeking to reopen assessment for the Assessment Year 2009-10. 4. The reasons as recorded in support of the impugned notice arrives ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view that the income chargeable to tax has escaped assessment. This appears so as the Assessing Officer refers to the period from January to March of the financial year 2009 i.e. period from 3rd January, 2008 to 31st March, 2008 being the income chargeable to tax that has escaped assessment. Besides the petitioner contended that it does not have a Permanent Establishment in India and thus no inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ieve that income chargeable to tax has escaped assessment. 7. However, it appears that for Explanation 2(a) of the Act to apply, the income chargeable to tax which is deemed to have escaped assessment does not arise simplicitor on not filing of return of income but must also be coupled with the prima facie satisfaction of the Assessing Officer that the income of a person concerned is chargeable t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iling an affidavit and/or making oral submission. The reasons are a manifestation of the mind of the Assessing Officer and must be self explanatory and should not keep the assessee guessing. It cannot be justified on the basis of inferences or interpretation. The reasons as recorded prima facie do not seem to indicate reasonable belief that income chargeable to tax has escaped assessment. 9. In v ..... X X X X Extracts X X X X X X X X Extracts X X X X
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