2016 (9) TMI 644

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....e Tax Act, 1961 (hereinafter referred to as the "Act"), (Annexure "A" to the petition) whereby, he seeks to reopen the assessment of the petitioner for assessment year 2008-09 as well as the assessment order (Annexure "H" to the petition). 3. The facts stated briefly are that the petitioner is a Cooperative Society manufacturing sugar out of sugarcane supplied by its members and has been assessed to tax under the Act. For the assessment year 2008-09, the Assessing Officer had issued notice under section 148 of the Act dated 18.03.2015 in response to which, the petitioner addressed a letter dated 13.04.2015 to the respondent requesting that the return under section 139 of the Act as originally filed be considered as a return in response to ....

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....ice under section 148 of the Act, both on merits as well as on the ground that in the absence of any allegation in the notice under section 148 that there was any failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment, the assumption of jurisdiction was wholly without jurisdiction and illegal. It was submitted that the reasons recorded in the present case being more or less identical to the reasons recorded in the case of Shri Chalthan Vibhag Khand Udhyog Sahakari Mandali Ltd. v. Deputy Commissioner of Income Tax (supra), the present petition also deserves to be allowed by quashing and setting aside the impugned notice. Referring to the above decision, it was pointed out that the petition....

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....t case are identical to the grounds for reopening the assessment in the said case. This court, in the above case, after giving detailed reasons in support of its conclusion, has set aside the impugned notice under section 148 of the Act on the ground that the formation of opinion in the case of the assessee could not be sustained as the same can be said to be a borrowed satisfaction from another officer and such borrowed satisfaction, in the absence of any application of mind and any real finding in the case of the assessee, does not constitute valid reason to believe that the income has escaped assessment. The court took note of the fact that despite the fact that in certain cases, the reopening was beyond a period of four years, in the re....