TaxTMI 
TaxTMI 
2018 (3) TMI 800
X X X X Extracts X X X X
X X X X Extracts X X X X
....e appellant-revenue has filed the instant appeal under Section 260A of the Income Tax Act, 1961 (in short, "the Act") against the order dated 19.04.2017, Annexure A.IV, passed by the Income Tax Appellate Tribunal, Delhi Bench, 'C', New Delhi (in short, "the Tribunal") in I.T.A. No.2079/DEL/2016 for the assessment year 2007-08, claiming following substantial question of law:- "Whether in the fact....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Subsequently, proceedings under Section 147 of the Act were initiated and notice under Section 148 of the Act was duly served on 18.03.2013. Re-assessment was completed under Sections 143(3)/147 of the Act on 28.03.2014 at a total income of Rs. 83,94,554/- by making the addition of Rs. 70,13,987/- on account of disallowance under Section 40(a)(ia) of the Act and addition of Rs. 7,50,989/- on accou....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... to the notice issued under Sections 147/148 or disclose fully and truly all material facts necessary for his assessment. It was, thus, concluded that invoking of jurisdiction under Section 147 of the Act by the Assessing Officer was impermissible and could not be sustained. Consequently, order dated 28.03.2014 passed by the Assessing Officer was quashed. Hence, the instant appeal by the appellant....
X X X X Extracts X X X X
X X X X Extracts X X X X
....o the assessee as to why these payments should not be disallowed under Section 40(a)(ia) of the Act. The Assessing Officer has not been able to refer to any evidence or material on record to suggest as to what prompted him to form the opinion that there existed violation of the provisions of Section 40(a)(ia) of the Act. In the absence of any material, taking recourse to Section 147 of the Act was....