2016 (1) TMI 787

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....A M BHATT, ADVOCATE ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Petitioner has challenged the notice for reopening of assessment which was previously accepted under Section 143(1) of the Act. 2. Brief facts are as under: The petitioner is a Director of the company. His principal source of income is salary. For the assessment year 2008-09, the petitioner filed his return of inc....

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....o Rs. 36,00,000/- as reflected in its form 26AS & for which no return of Income has been filed till date, has escaped assessment for assessment year under consideration in the spirit of provisions of section 147(a) of the Income Tax Act, 1961. I have reasons to believe that it is a fit case for reopening of the assessment by invoking the provisions of section 147 of the I.T.Act,1961." 3. The pet....

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....ssessee had also not disclosed the fact regarding the source of Rs. 70 lacs and the income of deemed dividend under Section 2(22)(e) of the Act. 5. Counsel submitted that the return was filed before the same authority where it was done in the earlier years. As per the then prevailing norms of filing tax returns manualy, the department would accept the return of a Director only before the same aut....

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....essed, there is no serious grounds raised by the respondent. Further, the return filed by the petitioner was acknowledged and intimation under sub-section (1) of Section 143 was issued. Such being the facts, it cannot be stated that the petitioner had filed no return. The very foundation for issuing notice, therefore, as recorded in the reasons, would be belied. Other than recording that no return....