TMI Blog2015 (9) TMI 1552X X X X Extracts X X X X X X X X Extracts X X X X ..... nd in order to make fishing and roaming enquiries, which, in my opinion, is not permissible. It is a settled position of law that the assessment can be reopened under section 147/148 on the basis of ‘reason to believe’ and not ‘reason to suspect’. - Decided in favour of assessee. - I.T.A. No. 671/KOL/ 2015 - - - Dated:- 18-9-2015 - Shri P.M. Jagtap, Accountant Member Shri K.M. Roy, F.C.A., for the assessee Shri Budhadeb Mukhopadhyay, JCIT, Sr. D.R., for the Department O R D E R This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-6, Kolkata dated 26.02.2015 for the assessment year 2008-09. 2. The assessee in the present case is an individual, who is a Medica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IT(Appeals) fixing the hearing from time to time. Keeping in view this non-compliance on the part of the assessee, the ld. CIT(Appeal s) proceeded to dispose of the appeal of the assessee ex parte on merit vide his impugned order, wherein he confirmed all the three additions made by the Assessing Officer to the total income of the assessee. Aggrieved by the order of the ld. CIT(Appeal s), the assessee has preferred this appeal before the Tribunal. 4. In the present appeal, the assessee has raised a preliminary issue challenging the validity of assessment made by the Assessing Officer under section 143(3) read with section 147 of the Act in Ground No. 1, while the issues raised in Grounds No. 2 to 4 relate to the three additions made by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng to the reasons recorded by the Assessing Officer for reopening the assessment, the assessment was reopened by the Assessing Officer to examine or veri fy the particulars furnished by the assessee in the return of income on the basis of suspicion and there was actually no reason for the Assessing Officer to have a belief that the income of the assessee chargeable to tax had escaped assessment. Relying on the decision of the Coordinate Bench of this Tribunal in the case of Deputy Di rector of income Tax (International Taxation)-21, Mumbai vs.- Societe International De Telecommunication reported in 139 ITD 328 (Mumbai), he has contended that the initiation of reassessment proceedings it self therefore, was invalid and the assessment comple ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icion and in order to make fishing and roaming enquiries, which, in my opinion, is not permissible. It is a settled position of law that the assessment can be reopened under section 147/148 on the basis of reason to believe and not reason to suspect . As held by the Coordinate Bench of this Tribunal in the case of Deputy Director of income Tax (International Taxation)-21, Mumbai vs.- Societe International De Telecommunication ( supra) cited by the ld. counsel for the assessee, unless the reasons to believe about the escapement of income exist, no recourse can be taken to the provisions of section 147. It was held that where an Assessing Officer ventures to initiate reassessment proceedings with an object of finding some material about t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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