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TMI Blog2017 (5) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... i Alok Mathur, learned counsel for the appellant and Shri Jaspreet Singh, learned counsel for the respondent. 2. This appeal has been filed under section 260-A of Income Tax Act, 1961 (hereinafter referred to as 'Act, 1961') arising from the judgment and order dated 09.01.2009 passed by Income Tax Appellate Tribunal, Lucknow (hereinafter referred to as 'Tribunal') in I.T.A. No.518 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal has erred in inquiring into the adequacy and sufficiency of the reasons for re-opening the case u/s 147 of the Income Tax Act, in view of the judgment in the case of S. Narayanappa Vs. CIT (1967), 63 ITR 219 (SC) wherein the Hon'ble Apex Court held that whether the grounds are adequate or not is not a matter for the court to investigate." 5. We have gone through the order of the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the omission or failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment. If either of these conditions is not fulfilled, the notice issued by the Income Tax Officer would be without jurisdiction. The important words under section 147 (a) are "has reason to believe" and these words are stronger than the words "is satisfied". The belief ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... could not have reason to believe that any part of the income of the assessee had escaped assessment and such escapement was by reason of the omission or failure on the part of the assessee to disclose fully and truly all material facts and the notice issued by him would be liable to he struck down as invalid." (emphasis added) 8. In Phool Chand Bajrang Lal And Anr. vs Income-Tax Officer, (1993) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly and truly all material facts necessary for the assessment. Both these conditions must co-exist in order to confer jurisdiction on the Income Tax Officer. The Income Tax Officer is obliged, before initiating proceedings under Section 148 of the Act to record the reasons for the formation of his belief to reopen the assessment." (emphasis added) 9. In view thereof, we hold that the Tribunal cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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