TMI Blog2021 (6) TMI 454X X X X Extracts X X X X X X X X Extracts X X X X ..... ord the failure committed by the assessee in not disclosing fully and truly all material facts that are relevant for the purpose of assessment in the original assessment proceedings, before resorting to reopening of the case of the assessee. In view of the fact that failure on the part of the assessee in terms of proviso to Section 147 of the Act was not mentioned in the reasons recorded by the ld. AO, we have no hesitation in quashing the entire re-assessment proceedings as void ab initio. Since the relief is granted to the assessee on the preliminary ground of invalid assumption of jusridiction u/s.147 of the Act, we refrain to give our opinion on the grounds raised on merits and the same are left open. In the result, appeal of the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eady had filed written reply on 16/04/2014 stating that the return of income already filed on 15/10/2010 may be treated as a return filed in response to notice u/s.148 of the Act. The assessee sought for the reasons recorded by the ld. AO for reopening of assessment which was duly furnished to the assessee. The complete extract of the reasons are reproduced in pages 2,3 4 of the assessment order. From the perusal of the said reasons, we find that there is absolutely no mention by the ld. AO in the said reasons recorded about the failure on the part of the assessee to fully and truly disclose material facts that are relevant for the purpose of assessment. Admittedly, the reopening of assessment for the A.Y.2007-08 was made in the instant c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 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. Reasons are the manifestation of mind of the Assessing Officer. The reasons recorded should be self-explanatory and should not keep the assessee guessing for the reasons. Reasons provide link between conclusion and evidence. The reasons recorded must be based on evidence. The Assessing Officer, in the event of challenge to the reasons, must be able to justify the same based on material available on ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
