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TMI Blog2023 (7) TMI 980X X X X Extracts X X X X X X X X Extracts X X X X ..... s erred both on facts and in law in passing the order without giving assessee a fair and adequate opportunity of being heard. 3. On the facts and circumstances of the case, the initiation of the proceedings under Section 147, read with Section 148, made by A.O. is bad and liable to be quashed as the condition and procedure prescribed under the statute have not been satisfied and complied with 4 (1) On the fact and circumstances of the case, the order passed by the AO is bad in the eye of law and on facts as the same is made on the basis of reasons recorded without there being any independent application of mind (11) That the reassessment order passed by the A.O. is bad and liable to be quashed as the same has been reopened on the basi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quashed as the condition and procedure prescribed under the statue have not been satisfied and complied with by the AO. She further submitted that reassessment order passed by the AO is bad in law and on facts as the same has been made on the basis of reasons recorded without there being any independent application of mind by the AO. She vehemently pointed out that the reassessment order is bad in law and liable to be quashed as the case has been reopened on the basis of the reasons which are vague and against the facts of the case and the AO initiated proceedings without having valid reason to believe that income has escaped assessment for relevant assessment year. Further placing reliance on various orders and judgments including order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, the reassessment proceedings and impugned reassessment order also deserved to be quashed only on this count. 7. Replying to the above the ld Sr. DR also took my attention through page No. 15 of the assessee's paper book and submitted that ld PCIT after perusal of the relevant material and reasons recorded by the AO applied his mind and thereafter in cloumn 13 mentioned detailed reasons for granting approval, showing application of mind and thereafter having satisfaction on the reasons recorded by the AO that it was a fit case for issue notice u/s 148 of the Act. Therefore, legal ground No. 5 of the assessee may kindly be dismissed. 8. On careful consideration of the above submission apropos ground No. 5 of assessee I am of the consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the AO in the reasons recorded for reopening of the assessment clearly shows that the AO proceeded to initiate assessment proceedings u/s 147 of the Act and to issue notice u/s 148 of the Act without having any valid satisfaction and assuming valid jurisdiction, only on the basis of borrowed satisfaction based on report of investigation wing only and there was no independent application of mind by the AO to the information and documents received from the Investigation Wing which could form a valid basis and reason to believe that income has escaped assessment. 10. Keeping in view, above noted factual position and legal analysis of the reasons recorded by the AO, respectfully following the decision of jurisdictional High Court of Delh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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