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2019 (11) TMI 312

..... a notice for passing order under Section 147. The sufficiency of those reasons cannot be gone into by this Court. If relevant germane reasons exist and have been communicated to the assessee that is enough for reassessment proceedings to hold the field. In this case, during scrutiny the appellant was further asked to furnish the details of the invoices for the expenses incurred vide letters dated 31.07.2019 However, the appellant failed to furnish the same. 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 u .....

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..... with the following observations:- 23. This Court is of the considered view that such 11th hour petitions will derail assessments process under fiscal law statues. It is made clear that this view is taken in the peculiar trajectory of this case, as the writ petitioner has approached this Court 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 .....

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..... 1961, it was noticed that the appellant had claimed expenses equivalent to 59.23%, 51.10%, 38.79%, 26.71%, 28.88% & 35.24% in the respective Assessment Years in question. 10.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, .....

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..... sued 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 said Assessment Year. This notice is being issued after obtaining the necessary .....

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