TaxTMI 
TaxTMI 
2016 (5) TMI 113
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....48 of the Income Tax Act, 1961 ('Act') seeking to reopen the assessment for Assessment Year ('AY') 2007-08. 2. Notice was issued in this petition on 20th February, 2015 and stay was granted for further proceedings. Pursuant to the notice, a counter affidavit was filed by the Respondent. Today, despite a pass over, none has appeared for the Respondent. The Court is, accordingly, proceeding in the case after hearing learned counsel for the Petitioner, Mr Krishnan, and after examining the counter affidavit filed by the Respondent. 3. The Assessee filed a return of income for AY 2007-08 on 18th September, 2007 declaring an income of Rs. 38,76,580. The Deputy Commissioner of Income Tax ('DCIT'), Circle 39(1), who is the Assessing Officer ('AO'....
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....easons recorded by the ITO, Ward 39(2) were: "In view of the above I have reasons to believe that income chargeable to tax amounting to Rs. 53,97,053/- pertaining to FY 2006-07 relevant to AY 2007-08 has escaped assessment and it is a fit case for initiation of proceedings under Section 147 of the Act". 6. Immediately, on receipt of the above reasons, the Petitioner addressed a letter dated 9th April, 2014 to the ITO, Ward 39(2) inter alia, pointing out that he does not have any jurisdiction over a case which was completed by the AO who was the DCIT, Circle 39(1). A copy of the return filed for AY 2007-08 was enclosed. Accordingly, the ITO Ward 39 (2) was requested to drop the proceedings under Section 148 of the Act. 7. This was followed....
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....142(1) of the Act and, therefore, the question of non compliance did not arise. This was followed by final Show Cause Notice issued by the DCIT, Circle 63(1) on 28th January, 2015, this time for AY 2007-08, but referring inter alia to the notice dated 1st December, 2014. 11. On 28th January, 2015 an order was passed by the DCIT, Circle 63(1) rejecting the objections filed by the Assessee to the reopening of the Assessment. It was stated that "the Assessee has neither complied with the notice under Section 148 dated 14th March, 2014 nor filed any return in response." It was further stated: "In addition to the information provided in the mentioned letter it is further clarified that the notice under Section 148 dated 14th March, 2014 was iss....
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....orders issued under sub-section (1) or sub-section (2) of Section 120 or any other provision of the Income Tax Act, and the Additional Commissioner or Additional Director or Joint Commissioner or Joint Director who is directed under clause (b) of Sub-section (4) of that section to exercise or perform all or any of the powers and functions conferred on, or assigned to, an Assessing Officer under the Act. The ITO Ward No.39(2) New Delhi has issued the notice u/s 148 after recording the reasons for reopening. A copy of the said reasons was also sent to the Assessee along with the notice. 8. Subsequently the file was transferred to Assistant Commissioner of Income Tax Circle 39(1) New Delhi as the income was more than Rs. 20 lakhs, and the As....