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TMI Blog2021 (12) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... and the consequential order dated 10/11/2005 received by respondent No.1 under section 143(2) of the Act and the order dated 28/2/2006. 2. Petitioner is a Company engaged in the business of manufacture and sale of non-alcoholic beverage bases and beverages made out of such bases. With a view to reorganize its business so as to achieve certain commercial advantages, petitioner filed in this Court an application under Sections 391 to 394 of the Companies Act, 1956 whereby it had sought sanction for the transfer of its bottling manufacturing undertaking in Pune and Goa to a company Hindustan Coco-Cola Beverages Private Limited (HCCBPL). HCCBPL also filed an application in Delhi High Court for the same purpose. On 3/5/1999 the scheme of arrang ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the disallowances made by respondent No.1, petitioner filed an appeal before the Commissioner of Income Tax (Appeals), Pune. By an order dated 14/8/2003, respondent No.2 had issued a show cause notice under Section 263 of the Act and on 28/3/2003 set aside the assessment order passed on 30/3/2001 and directed respondent No.1 to pass a fresh assessment order after considering the issues which respondent No.2 had identified in the first order. On 22/3/2004 respondent No.1 passed the assessment order under Section 143(3) of the Act read with Section 263 of the Act. 5. On 28/3/2005, after expiry of 4 years from the relevant Assessment Year, respondent No.1 issued a notice under Section 148 of the said Act. In response to request made by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt of the assessee to disclose fully and truly all the material facts necessary for its assessment. If the factum of failure to disclose can be culled down from the reasons in support of the notice seeking to reopen assessment, that will certainly not be fatal to the assumption of jurisdiction under Sections 147 and 148 of the Act. The Court held "However, if from the reasons, no case of failure to disclose is made out, then certainly the assumption of jurisdiction under Sections 147 and 148 of the Act would be ultra vires, being in excess of the jurisdictional restraints imposed by the first proviso to Section 147 of the Act". 8. Paragraph 17 to 21 of another judgment of this Court in Hindustan Lever Ltd. vs. R. B. Wadkar 2004(3) Mh.L.J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment year by reason of the failure on the part of the assessee to make a return under section 139 or in response to a notice issued under sub-section (1) of section 142 or section 148 or to disclose fully and truly all material facts necessary for his assessment for that assessment year." 18. Reading of 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 any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course of the proceedings under section 147, or recom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Assessing Officer to disclose and open his mind through reasons recorded by him. He has to speak through his reasons. It is for the Assessing Officer to reach to the conclusion as to whether there was failure on the part of the assessee 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. Reasons are the manifestation of mind of the Assessing Officer. The reasons recorded should be self-explanatory and should not keep the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o set aside. Rule is made absolute in terms of prayer clause (a) which reads as under: (a) this Hon'ble Court may be pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India calling for the records of the Petitioner's case and after examining the legality and validity thereof quash and set aside the notice dated 28th March, 2005 (Exhibit "O") issued by Respondent No.1 under Section 148 of the Act seeking to reopen the assessment for the assessment year 1998-99 and the consequential notice dated 10th November, 2005 issued by Respondent No.1 under Section 143(2) (Exhibit "Q") of the Act and the order dated 20th Februar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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