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2019 (11) TMI 312

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..... fore, 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 above Writ .....

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..... een 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. 4.Assailing the same, the present Writ Appeals have been filed. 5.Heard Mr.R.Sivaraman learned counsel for the appellant and Mr.J.Narayanasamy, Senior Standing Counsel for the .....

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..... 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 suspicion or surmise was not sufficient to invoke the powers vested under Section 148 of the Act. It was further stated that the notice issued also does not anywhere state income has escaped. 13.Apart from the above, the learned counsel for the appellant also relied upon the following decisions:- i. Khubchandani Health .....

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..... erefore, 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 said Assessment Year. This notice is being issued after obtaining the necessary satisfaction of the PCIT/CIT 10 C 17.The assessee was separately communicated the reason for reopening vide letter dated 26.04.2019. 18.The assessee's objections thereto filed on 11.05.2019 were also rejected by the Assessing Authority vide letter dated 31.07.2019. 19.Under Section 148, if the assessing officer has reasons to believe that income has escaped assessment he can issue a notice for passing order under Section 147 of the Income Tax Act, 19 .....

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