TaxTMI 
TaxTMI 
TaxTMI 
2015 (1) TMI 362
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....e sake of convenience. 2. As per ground No. 1 to 3 in both the years, the assessee is challenging the validity of reassessment and hence, these grounds are reproduced herein below from assessment year 2004-05 i.e. I.T.A. No.728/Lkw/2011 because the grounds are identical in both the years: "1. That the learned Commissioner of Income-tax (Appeals) has erred in law as well as on facts in issuing the notice u/s 148 read with section 147 of the I.T. Act, 1961 as the assessee has already filed her return where she has not understated her income or claimed excessive loss, claimed deduction, allowance or relief in her return or she has been assessed at too low rate and thus the assessment as framed u/s 143(3) based on notice u/s 148 is not a vali....
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....decided by the Tribunal in the case of Shri Chunnilal Prajapati, husband of the assessee, as per Para No. 6 to 8 of this Tribunal order and these paras from the Tribunal order are reproduced below for the sake of ready reference: "6. After hearing rival contentions, we find that the reasons for reopening are as follows: "The reason for invoking section 147 and issuing of notice u/s 148 of the I.T. Act, 1961 (copy placed at page 5 of the paper book), is translated into English as follows: Reason for issuance of notice u/s 148 In case of the assessee the valuation of cost of construction was referred to the departmental Valuation Officer u/s 142A(1), whose report was received on 21.11.2006. In the report cost of construction has been fixe....
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.... Assessing Officer without referring to any material which could justify his conclusion that the income of the assessee escaped assessment, instantiated the proceedings u/s. 147 of the Act, the said action was not justified because the said action appears to be on suspicion and for making roving enquiries. In that view of the matter, assessments framed on the basis of notices dated 22.3.2006 issued u/s. 148 of the Act are set aside considering the same as illegal and bad in law, hence vitiated. Since we have decided the legal issue in favour of the assessee, therefore, no finding has been given on the other grounds contested by the assessee on merits." 8. As the facts and circumstances for reopening are the same, we respectfully follow the....
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....ged to tax in his case substantively and on protective basis in case of the assessee to safeguard the interest of revenue. For the asstt. year 2004-05 the position is the same as in earlier years. In this year, assessee has shown her agricultural income as Rs. 1,50,000/- which is not acceptable and is to be assessed in her hand as income for undisclosed sources. I have therefore, reason to believe that income chargeable to tax has escaped the assessment owing to failure on the part of the assesses to disclose fully and truly all material facts necessary for assessment. Issue notice u/s 148. Sd/. (Sanjeev Kumar Saxena) Income Tax Officer-I, Faizabad The assessee, an individual, is stated to be deriving income from sewing, stitching, em....
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....ply dtd. 18.08.06 is assessment proceedings for A.Y. 2001-02 from friends/relatives. In the course of assessment proceedings for A.Y. 2002-03 as A.Y. 2003-04, the claims of assessee that she had received gifts of Rs. 2,80,000/- and Rs. 2,75,000/- respectively has not accepted due to various reasons elaborately discussed in the assessment order for relevant year and these gifts were treated as income of her husband from undisclosed sources liable to he charged to tax in his case substantively and on protective basis in case of the assessee to safeguard the interest of revenue. Position in this year is same as in earlier years. I have therefore, reason to believe that income of Rs. 1,50,000/- +Rs.5,00,000/- i.e. Rs. 6,50,000/- chargeable to ....