TMI Blog2021 (8) TMI 780X X X X Extracts X X X X X X X X Extracts X X X X ..... t escaped assessment and therefore, notice u/s 148 was issued. Once a tangible new material is identified and such materials were not considered by the assessment officer while at the time of passing original assessment order, it is sufficient to reopen the assessment and it is for the petitioner to defend his case by availing the opportunities to be provided during the course of the reopening proceedings. The petitioner has not made out any acceptable ground for the purpose of setting aside the impugned orders. Contrarily, the revenue could able to establish that the assessing officer has reasons to believe for reopening of assessment as the survey report under Section 133A was not considered at the time of passing of the original asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 26.12.2012. In response, the petitioner vide letter dated 17.01.2013 requested the respondent to treat the return filed on 26.06.2009 as the return filed in response to the notice issued under Section 148 of the Act. The petitioner requested to furnish the reasons and the respondent in their letter dated 18.04.2013 furnished the reasons for reopening of the assessment for the Assessment Year 2008-09. The petitioner filed their objections in detail and the said objections were rejected. Thus, the petitioner is constrained to move the present writ petition. 4. The learned counsel appearing on behalf of the writ petitioner mainly contended that the assessment order was passed under Section 143(3) of the Income Tax Act on 02.12.2010. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner, were not considered by the respondent. But citing the judgment which is not applicable to the facts of the petitioner's case, the respondent has disposed of the objections. Thus, the order impugned is liable to be set aside. 6. Learned counsel for the petitioner reiterated that the judgment of the Delhi High Court [ Consolidated Photo Finvest Ltd. v. ACIT, reported in (2006)151 Taxman 41] , by the respondent is not applicable to the case of the petitioner and by erroneously applying the principles, the objections were rejected. Thus, the writ petition is to be considered. 7. The learned Senior standing counsel appearing on behalf of the respondent refuting the contentions raised by the petitioner by stating that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... look at the assessment order passed would clearly indicate that all the details called for were furnished to the assessing officer. The observation in this regard being, the assessee has furnished the details vide letter dated 24.09.2010 and the letter dated 04.10.2010 . 10. Relying on the said objections, the learned Senior standing counsel reiterated that the cash transactions were not considered by the assessing officer at the time of passing the original assessment order. When new informations or materials are identified from the survey report, then it is a fit case for reopening the assessment. Further, the reopening in the present case has been done within a period of four weeks. Therefore, the assessment officer is empowered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uring the original assessment escaped assessment and therefore, notice under Section 148 of the Act was issued. Once a tangible new material is identified and such materials were not considered by the assessment officer while at the time of passing original assessment order, it is sufficient to reopen the assessment and it is for the petitioner to defend his case by availing the opportunities to be provided during the course of the reopening proceedings. 14. In view of the discussions made above, the petitioner has not made out any acceptable ground for the purpose of setting aside the impugned orders. Contrarily, the revenue could able to establish that the assessing officer has reasons to believe for reopening of assessment as the surv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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