2014 (6) TMI 931

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....tion of the learned Assessing Officer in initiating the reassessment proceedings within the meaning of section 147/148/143(3) of the Income Tax Act, 1961.  (b) That on the facts and in the circumstances of the petitioner's case, the learned CIT(A)-XXII, New Delhi erred in law and on facts, without appreciating the fact that the learned Assessing Officer has completed the entire assessment in the absence of any independent evidence or the valid reasons for reopening of the assessment. He had simply relied on some report received from ADIT(Inv.) Unit III(2), New Delhi without there being any application of mind in arriving at his satisfaction before initiating the reassessment proceedings." 3. At the time of hearing before us, the ....

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.... reference to ground No.1, it is submitted by the learned counsel that at page 10 to 12, there is reasons recorded for initiating of proceedings under Section 148 and for obtaining approval of the Commissioner of Income Tax. That from the reasons recorded which is at page 12, it is evident that the assessment records for AY 2000-01 are not available being very old. Therefore, the Assessing Officer, being unable to ascertain whether the assessment was originally completed under Section 143(1)/143(3), obtained the approval of CIT-VIII. Learned counsel furnished the affidavit of the assessee stating that no regular assessment was made for AY 2000-01. He further submitted that when the department was unable to trace the original record and even....

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.... placed before us. Section 151 of the Act reads as under:- "151. (1) In a case where an assessment under sub-section (3) of section 143 or section 147 has been made for the relevant assessment year, no notice shall be issued under section 148 by an Assessing Officer, who is below the rank of Assistant Commissioner or Deputy Commissioner, unless the Joint Commissioner is satisfied on the reasons recorded by such Assessing Officer that it is a fit case for the issue of such notice : Provided that, after the expiry of four years from the end of the relevant assessment year, no such notice shall be issued unless the Chief Commissioner or Commissioner is satisfied, on the reasons recorded by the Assessing Officer aforesaid, that it is a fit ca....

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....nable to ascertain whether the assessment for AY 2000-01 has been completed under Section 143(1)/143(3). At the time of hearing before us also, learned DR expressed his inability to produce the original assessment record and state whether the original assessment was completed under Section 143(1) or 143(3). The assessee had filed the affidavit stating that neither any notice under Section 143(2) was issued nor the assessment under Section 143(3) was completed for the year under consideration. Since such affidavit remained uncontroverted from the side of the Revenue, we accept the same and hold that no regular assessment was completed under Section 143(3) and, therefore, sub-section (2) of Section 151 would be applicable. 11. As per sub-sec....