TMI Blog2019 (7) TMI 871X X X X Extracts X X X X X X X X Extracts X X X X ..... the first fold of contention raised by the assessee. Approval, the JCIT without recording a satisfaction - HELD THAT:- Due procedure has been followed. JCIT has gone through the record and applied his mind, and thereafter granted the approval. There is no merit in the contentions of the ld.counsel for the assessee. Reasons to belief - wrong facts - HELD THAT:- In the present case, no doubt there is an error at the end of the AO while taking cognizance of the fact which goad him to harbor a belief that income has escaped the assessment, and that error is that the assessee has not filed return whereas the assessee has filed the return. Now question is, whether such an error is so fatal that re-assessment is to be quashed ? We have perused the return. The assessee did not disclose the sale transaction of the property and did not offer income under the head capital gain on transfer of real-estate. We are of the view that even if the return would have been perused, the opinion would be the same because capital gain has not been shown by the assessee in the return. Therefore, the assessee cannot draw any benefit from any of the judgments cited before us. We do not find any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s chargeable to tax has escaped assessment However the assessee had not filed his return of income for the A.Y. 2012-13 It is therefore required to verify the genuineness of transaction made by the assessee. In view of the above, I have reason to believe that the income to the extent of ₹ 2,74,500/- chargeable to tax has escaped assessment. Therefore the assessment is reopened u/s 147 of the IT Act 1961. Accordingly a notice under section 148 of the Income-Tax Act, 1961 is being issued. Sd/- (B.K. SOLANK1) Income-tax Officer Ward-3(2)(4), Ahmedabad Place : Ahmedabad Date : 11-2-2016 4. It further emerges out that notice under section 148 of the Income Tax Act was issued on 25.2.2016 vide which the assessee was directed to furnish return. According to the AO, she failed to furnish return of income in response to notice under section 148 of the Act. Thereafter, he issued one more letter on 6.4.2016 appraising the assessee to comply notice under section 148 of the Act. The AO thereafter issued notice under section 142(1) along with questionnaire on 27.6.2016. According to the AO no response came on behalf of the assessee. He furth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... put in his hand-writing that return filed originally be treated as filed in response to this notice. 8. With the assistance of the ld.representatives, we have gone through the record carefully. There is no dispute with regard to the proposition that if an assessee has filed return in response to notice under section 148 then the AO was duty bound to issue notice under section 143(2) for taking cognizance of such return. It is also important to note that a perusal of section 143(2) contemplates two conditions, viz. it gives power to the AO to scrutinize the return filed under section 139(1) and such power are to be exercised within the time limit provided in the proviso appended to this section; second condition is that before issuing a questionnaire it contemplates for providing an opportunity to the assessee what he/she wants to submit in support of his return filed under section 139(1) of the Act. As far as assumption of jurisdiction for scrutinizing the return is concerned, that situation is not available in the present proceedings, because, the assessment has been commenced under section 148 for reopening. The AO has assumed jurisdiction by virtue of section 148. The sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer Ward3(2)(4), Ahmedabad. Sub: Approval for issue of notice u/s.148 of the I.T.Act in the case of Renukaben Dineshbhai Patel for A.Y.2012-13-reg. Reference is invited to your proposal dated 11.02.2016 for initiating proceedings u/s.148 of the Income Tax Act. 2. The records of the assesses and reasons recorded by you for initiating proceedings u/s.147 of the Income Tax Act for Assessment Year 2012-13 have been gone through and considered by the undersigned. 3. Approval in terms of the provision of Section 151 of the Income Tax Act; 1961 in respect of the Assessment Year 2012-13 is hereby granted. Sd/- (RAJ DEEP SINGH) Jt.Commissioner of Income-tax Range-3(2), Ahmedabad 11. On perusal of this letter, we are satisfied that due procedure has been followed. The ld.JCIT has gone through the record and applied his mind, and thereafter granted the approval. There is no merit in the contentions of the ld.counsel for the assessee. 12. In the next fold of contentions, the ld.counsel for the assessee submitted that there is no coherence or nexus between information available with the AO vis- -vis the reasons recorded for reopening o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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