TMI Blog2023 (8) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... there is failure on the part of the assessee to disclose fully and truly all material facts, which is a jurisdictional requirement, the notice issued u/s 148 of the Act is set aside. - Writ Petition No. 53286 of 2016 (T-IT) - - - Dated:- 15-6-2023 - Siddappa Sunil Dutt Yadav , J. For the Appellant : T. Suryanarayana, Senior Advocate for Tanmayee Rajkumar and Manasa Ananthan, Advocates For the Respondents : K.V. Aravind and M. Dilip, Advocates ORDER The petitioner has sought for setting aside of the proceedings initiated by respondent No. 1 under Section 147 read with Section 148 of the Income Tax Act, 1961 ['the Act' for short], as being barred by limitation, opposed to law and without jurisdiction. Further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e a record of the assessee failing to disclose fully and truly all material facts necessary for his assessment for, that assessment year . 5. It is also submitted that the material available for claim of deduction is the payment towards 'sub-contract charges' towards M/s.Infosys China Pvt. Ltd., and such information is a part of Form-3CEB as well as the Tax Audit Report in Form-3CD. Accordingly, it is submitted that once the material was available before the Assessing Officer and the Assessment Order is passed, the very same material cannot be a ground justifying the reopening for the purpose of re-assessment on different grounds that are made out. 6. Learned counsel appearing for the Revenue has relied on the contents of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sclose fully and truly all material facts necessary for the assessment of that assessment year. It is needless to mention that the reasons are required to be read as they were recorded by the assessing officer. No substitution or deletion is permissible. No additions can be made to those reasons. No inference can be allowed to be drawn based on reasons not recorded. It is for the 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 asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning the assessment as contained at Annexure-'K' meets the jurisdictional requirement of Proviso to Section 147 (un-amended) of the Act. The reasons assigned by the Assessing Officer does not contain a whisper as regards the failure to disclose fully and truly all material facts. 12. In light of the contention made on behalf of the petitioner that the material facts relating to Rs. 86,51,99,628/-towards the sub-contract charges being a part of the record, it cannot be stated that there is failure of disclosure of material facts fully and truly, such factual assertion made is not controverted to by the other side. 13. Accordingly, on the sole ground that there is absence of finding that there is failure on the part of the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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