2017 (1) TMI 854

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.... with Mr.Madhur Agrawal i/b Atul K. Jasani for the petitioner Mr. Prakash C. Chhotaray for the respondent ORDER P. C. 1. Heard. 2. Rule. Respondents waive service. 3. This petition challenges a notice dated 31st March, 2016 issued under Section 148 of the Income Tax Act, 1961 (the 'Act') seeking to reopen assessment for the Assessment Year 2009-10. 4. The reasons as re....

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....dicate any reasonable belief to form a prima facie view that the income chargeable to tax has escaped assessment. This appears so as the Assessing Officer refers to the period from January to March of the financial year 2009 i.e. period from 3rd January, 2008 to 31st March, 2008 being the income chargeable to tax that has escaped assessment. Besides the petitioner contended that it does not have a....

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....eturn has been filed there is a deemed reason to believe that income chargeable to tax has escaped assessment. 7. However, it appears that for Explanation 2(a) of the Act to apply, the income chargeable to tax which is deemed to have escaped assessment does not arise simplicitor on not filing of return of income but must also be coupled with the prima facie satisfaction of the Assessing Officer....