9911796707
TMI Blog1972 (5) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... at necessary satisfaction of the Commissioner of Income-tax, Assam, Tripura & Manipur, was obtained. The petitioner No. 1 is a private limited company with its principal place of business at Dibrugarh (hereinafter referred to as " the assessee " and the petitioner No. 2 is the director of the said company. On 10th May, 1963, and again on 18th May, 1963, the assessee objected to the issue of the notice on various grounds relating to the jurisdiction of the officer. It appears that the Income-tax Officer answered the above letters of the assessee on 20th April, 1966, declining to accede to the objections. On 21st April, 1966, the petitioner was asked to furnish some information specified therein with regard to the proceedings on or before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : " The Income-tax Officer had reason to believe that income chargeable to tax had escaped assessment by reason of the failure of the assessee to disclose fully and truly all the material facts necessary for its assessment for the assessment year 1954-55, as stated below : (a) After the completion of the regular assessment for the year 1954-55 and in the course of the assessment proceedings for the subsequent years, information came into possession of the Income-tax Officer upon enquiry that the purchases of disposal goods to the extent of Rs. 1,51,325 shown in the accounts of the assessee for the accounting year 1953-54 were bogus as the suppliers from whom the alleged purchases were shown to have been made were fictitious .... Thereafte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich does not give the officer the necessary jurisdiction to initiate proceedings under section 147 of the Act. This case is of no assistance to the learned counsel. We are satisfied in this case that from the grounds furnished by the department in initiation of proceedings, it is clear that it is a case which comes under section 147(a) of the Act, viz., that according to the opinion of the officer, there is reason to believe that income had escaped assessment by reason of the failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment. As observed by the Supreme Court in Calcutta Discount Co. Ltd. v. Income-tax Officer : " The words used are omission or failure to disclose fully and tru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... find a very significant observation in that decision to the following effect : " Without much repetition we may say that the Income-tax Officer had in his mind the provisions of section 147(b), as otherwise he would have specifically stated in his affidavit-in-opposition that the petitioner was out to dodge the tax authorities by making false and frivolous statements in the matter of interest which he had deposited with the hundi bankers. Such a statement is absolutely absent in the affidavit-in-opposition of the Income-tax Officer ...... " In the present case, even the reasons given by the Income-tax Officer clearly show that the purchases recorded in the account books which were relied upon for the purpose of computing the income were f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counting year in question, income chargeable to tax has escaped assessment for that year ; .... We are not satisfied that the Income-tax Officer had any material before him which could satisfy the requirements of either clause (a) or clause (b) of section 147. Therefore, he could not have issued a notice under section 148. " This is not the same position in the present case where we clearly find the reasons given in the report and which according to us can legitimately furnish the basis for an opinion that there was absence of disclosure of true and full material facts. Their Lordships referred to the sanctioning order of the Commissioner as casual because if he had applied his mind to the reasons given by the Income-tax Officer in his rep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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