TMI Blog2018 (3) TMI 674X X X X Extracts X X X X X X X X Extracts X X X X ..... re has been no independent application of mind on the part of the Assessing Officer to the tangible material received from the Deputy Director of Investigation. The information received has to be examined in the context of the facts on record before coming to a view that income chargeable to tax has escaped assessment on account of failure to disclose fully and truly all relevant facts. In the absence of the above, it amounts to out sourcing of reasons to believe. Assessing Officer has issued the impugned notice without himself coming to a reasonable belief that income chargeable to tax has escaped assessment. - interim stay granted. - Writ Petition No. 91 of 2018 - - - Dated:- 9-3-2018 - M.S. SANKLECHA SANDEEP K. SHINDE, JJ. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mind by the Assessing Officer to come to a reasonable belief that income chargeable to tax has escaped assessment for the purpose of assuming jurisdiction to issue the impugned notice. The reasons in support rely upon material/ information received from DDIT (Inv.) under letter dated 22nd March, 2017. During the course of hearing, Mr. Suresh Kumar, learned Counsel for the Revenue handed over to us the information which was received under letter dated 22nd March, 2017 from DDIT (Inv.). It is the above communication which forms the tangible material for issuing the impugned notice. The aforesaid letter dated 22nd March, 2017 reads as under: Information has been received that NuPower Renewables Pvt. Ltd., has issued zero coupon rate Debe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Office of the DIT (Investigation) Unit4, Mumbai on 23rd March, 2017 vide letter dated 22nd March, 2017 . This, of course, besides the introductory para and the concluding para where he records that he has reasons to believe that income chargeable to tax has escaped assessment. Thus, prima facie, there has been no independent application of mind on the part of the Assessing Officer to the tangible material received from the Deputy Director of Investigation. The information received has to be examined in the context of the facts on record before coming to a view that income chargeable to tax has escaped assessment on account of failure to disclose fully and truly all relevant facts. In the absence of the above, it amounts to out sourcing of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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