TMI Blog2019 (11) TMI 312X X X X Extracts X X X X X X X X Extracts X X X X ..... Therefore, it would be improper to hold that the respondent Income Tax Officer had erred in invoking the reassessment jurisdiction vested with him under Section 147/148 in the facts and circumstances case. Only when there are no grounds at all for invoking the reassessment jurisdiction under Section 148 of the Act, the notices can be challenged. The appellant has himself replied and participated in the impugned proceedings. The reasons were also communicated to the appellant to which the appellant has also replied. Therefore, it is not open for the appellant to question the same to scuttle the proceedings initiated under the Act. Therefore, we find no reasons to interfere with the order of the learned Single Judge while dismissing the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t at the 11th hour particularly when the writ petitioner had all the time in the world to approach this Court earlier. As alluded to supra, these writ petitions have been filed at the 11th hour, pursuant to impugned notices II, on realizing that the personal hearing is fixed on 26.08.2019. If writ petitioner had sought an adjournment in the forenoon today and if the hearing is rescheduled, the respondent shall consider all documents that are furnished by writ petitioner /assessee interalia in support of deductions claimed before completing the assessment. If such a scenario unfurls, the same shall be done uninfluenced and untrammelled by anything that is se tou in the instant order. This answers point (c) raised by writ petitioner. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0.It was stated that on 18.03.2018, the appellant was called upon to furnish bills and invoices for all the expenses claimed, discrepancies with income, loan agreement copies etc. However, the appellant had failed to furnish the details despite time granted till 25.03.2019. 11.The Impugned Notices issued under Section 148 of the Income Tax Act, 1961 were assailed by placing reliance on the decision of the Hon ble Supreme Court in CIT vs Kelvinator of India , 320 ITR 561 wherein it was held that there must be an existence of a tangible material to reopen an assessment, to draw a conclusion that the income escaped assessment to invoke the provisions of Section 147 of the Act. 12.It was submitted that mere su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otices issued under Section 148 of the income Tax Act, 1961 read identically with mutatis mutandis s changes in the date and the assessment years. The notice for the Assessment Year 2012 -13 reads as under:- Notice Under Section 148 Of Tax Income Tax Act, 1961 Sir/Madam/M/s, Whereas I have reasons to believe that your income chargeable to Tax for the Assessment Year 2012-13 has escaped Assessment within the meaning of section 147 of the Income Tax Act, 1961. I, therefore, propose to assess/re-assess the income/loss for the said Assessment Year and I hereby require you to deliver to me within 30 days from the service of this notice, a return in the prescribed from for the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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