2016 (8) TMI 959

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....ioner Mr. Suresh Kumar with Ms.Samiksha Kanani for the respondents ORDER P. C. 1. At the very outset Mr.Mistri, learned Senior Counsel appearing on behalf of the petitioner seeks leave to amend paragraph 12 of the petition insofar as it states that no petition has been filed in respect of same subject matter in this Court. We find that the petition itself has made an averment that an e....

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....petitioner in its objection to the reasons in support of the impugned notice interalia pointed out that it is not religious nor charitable trust and contribution received by such private trust would not be income under the Act as it is not covered by Section 2(24)(iia) of the Act. Further, it was also pointed out that the Petitioner - Trust did not earn any income and the amount which was received....

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....ed notice on the ground that the petitioner has not filed any return of income and, therefore, the impugned notice need not be interfered with at this stage. The impugned notice was sought to be supported by the order disposing of the objections. On the petitioner filing its return of income the petitioner's contention will be examined and accepted if found correct. No prejudice is caused to t....

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....ve jurisdiction to reopen an assessment under Section 147/148 of the Act. Prima facie the jurisdiction even in case of non filing of return of income to issue notice of re-opening notice is a reasonable belief of the Assessing Officer that income chargeable to tax has escaped assessment. The condition precedent for issuance of notice under Section 147/148 of the Act is no different in cases where ....