TMI Blog2022 (6) TMI 1121X X X X Extracts X X X X X X X X Extracts X X X X ..... e could have taken appropriate remedial measures. As contradictions/errors in the reasons are typographical errors. We do not agree with the same, it cannot be termed as typographical error. Even the assessing officer has not applied his mind after drafting the reasons and perhaps not even read the reasons before forwarding it to the Commissioner for consideration and as noted above, if the Commissioner had also read the reasons he would have noted errors/contradiction. In paragraph No.1 which says The assessee has e-filed its Return of Income on 30/9/2012 declaring total income at Rs.42,312/-. The case was selected for scrutiny under CASS for the Assessment Year 2012-2013 and the assessment was completed under Section 143 (3) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion is impugning notice dated 29/3/2019 issued under Section 148 of the Income Tax Act, 1961 (the said Act) for Assessment Year 2012-2013 and ad-interim stay was granted by order dated 28/11/2013 and that has been in force till date. 2. Without going into the details Section 151 of the said Act provides that no notice shall be issued under Section 148 of the said Act by the Assessing Officer after the expiry of period of 4 years from the end of the relevant Assessment year, unless the Commissioner is satisfied about the reasons recorded by the Assessing Officer that it is a fit case for issue of such notice. In this case the notice having been issued after expiry of 4 years from the end of relevant Assessment Year, satisfaction of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me at Rs.42,310/-. In the penultimate paragraph of the reasons it is recorded In this case return of income was filed but no scrutiny assessment was made and only requirement to initiate proceeding under Section 147 of the said Act is reason to believe which has been recorded above. 4. Moreover petitioner is a company in the business of carrying on business of jewellery and bullion trade whereas in the reasons it is alleged that petition has failed to disclose truly and fully all material facts relevant to salary of which income chargeable to tax escaped assessment. 5. In the circumstances, since the sanction has not been obtained satisfactorily before issuance of notice under Section 148 of the said Act as prescribed under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
