TMI Blog2023 (6) TMI 1286X X X X Extracts X X X X X X X X Extracts X X X X ..... in the return filed for the assessment year 2016-17 and assessed HELD THAT:- There is no jurisdictional error on the part of the Assessing Officer while he passed the impugned order under clause (d) of Section 148A. Nevertheless, it is apposite to observe that the order passed under clause (d) of Section 148A is not the substitute of the order of assessment if any to be passed by the AO during the course of the re-assessment proceedings. AO is statutorily obliged to look into the entire material placed before him before he reaches the conclusion that the income found has escaped assessment warranting re-assessment and tax thereupon. Consequently, we though decline to interfere but direct the Assessing Officer to extend liberty to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act. The petitioner appears to have filed reply to the show cause notice on 18.03.2023. Upon consideration of the reply so furnished, the Assessing Officer has passed the order overruling the objection raised against initiation of re-assessment proceedings. Learned counsel for the petitioner while taking exception to the impugned notice and order inter alia submits that subsequent to allotment of new PAN Card in the year 2016 it has all along been filing returns of the income for the succeeding assessment years including 2016-17 with new PAN Card number as mentioned above. The amount allegedly deposited in the bank A/c No. 888020100000495 maintained by the petitioner has been well reflected in the return filed for the assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e impugned order under clause (d) of Section 148A of the Income Tax Act. Nevertheless, it is apposite to observe that the order passed under clause (d) of Section 148A of the Income Tax Act is not the substitute of the order of assessment if any to be passed by the Assessing Officer during the course of the re-assessment proceedings. The Assessing Officer is statutorily obliged to look into the entire material placed before him before he reaches the conclusion that the income found has escaped assessment warranting re-assessment and tax thereupon. Consequently, we though decline to interfere but direct the Assessing Officer to extend liberty to the petitioner to file complete documents with reference to and in context of the amount found ..... X X X X Extracts X X X X X X X X Extracts X X X X
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