TMI Blog2020 (2) TMI 326X X X X Extracts X X X X X X X X Extracts X X X X ..... to disclose fully and truly all material facts ; the expression implies some guilt in mind howsoever little it may be, attributable to the assessee; in other words, a failure to deduct the TDS per se does not fit into the said expression as rightly contended by the counsel for the petitioner. Writ petition is allowed; a Writ of Certiorari issues quashing the impugned notice and proceedings and consequently the re-opening of assessment of the income of the petitioner for the Assessment Year 2010-11 is interdicted. - WRIT PETITION NO. 55355 OF 2017 (T-IT) - - - Dated:- 21-1-2020 - MR. KRISHNA S.DIXIT J. PETITIONER (BY SRI. T SURYANARAYANA, ADVOCATE) RESPONDENTS (BY SRI. E I SANMATHI, ADVOCATE) O R D E R Petitioner be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure vide ITO vs. MEWALAL DWARKAPRASAD, 176 ITR 529 (SC). The said section along with this Proviso (other parts not being much relevant) is reproduced below for easy reference: 147. Income escaping assessment: If the Assessing Officer has reason to believe that any income may, subject to the provisions of sections 148 to 153, assess or reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course of the proceedings under this section, or recomputed the loss or the depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he part of the assessee to disclose fully and truly all material facts ; the expression implies some guilt in mind howsoever little it may be, attributable to the assessee; in other words, a failure to deduct the TDS per se does not fit into the said expression as rightly contended by the counsel for the petitioner; (c) a Division Bench of Bombay High Court in HINDUSTAN LEVER LTD., vs. R.B. WADKAR, 268 ITR 332 at page 337 has observed as under: Reading of the proviso to section 147 makes it clear that if the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject to the provisions of sections 148 to 153, assess or reassess such income and also a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee to disclose fully and truly all material facts necessary for his assessment for the concerned assessment year. It is for the Assessing Officer to form his opinion. It is for him to put his opinion on record in black and white. The reasons recorded should be clear and unambiguous and should not suffer from any vagueness. The reasons recorded must disclose his mind. The reasons are the manifestation of the mind of the Assessing Officer. The reason assigned by the answering respondent for reopening the assessment does not satisfy the requirement of the Proviso to sec.147 as interpreted in the above decision, the ratio of which this Court is in full agreement with; (d) the contention of Panel Counsel for the Revenue that ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
