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The HC dismissed the writ challenging issuance of notice under s.147/148A(b) for reopening assessment on account of alleged bogus commission-related receipts. The court held that where the alleged receipt is declared in books and return, the question whether it represents a spurious transaction resulting in income escaping assessment is a factual determination for the Assessing Officer, not for judicial resolution at the interlocutory stage. The HC found the petitioner's reliance on the cited precedent inapposite on facts and refused to quash the notice, directing the AO to undertake statutory enquiry and elicit responses. WP is dismissed.
The HC dismissed the writ challenging issuance of notice under s.147/148A(b) for reopening assessment on account of alleged bogus commission-related receipts. The court held that where the alleged receipt is declared in books and return, the question whether it represents a spurious transaction resulting in income escaping assessment is a factual determination for the Assessing Officer, not for judicial resolution at the interlocutory stage. The HC found the petitioner's reliance on the cited precedent inapposite on facts and refused to quash the notice, directing the AO to undertake statutory enquiry and elicit responses. WP is dismissed.
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