1991 (1) TMI 133

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....ioner was assessed to income-tax for the assessment years 1982-83, 1983-84 and 1984-85 by exhibits P-1 to P-3 orders, on the basis of revised returns filed by him. Subsequently, penalty and interest were also levied. On appeal, the levy of penalty was set aside by exhibits P-8 to P-10 orders. A petition filed by the assessee under section 273A of the Act exhibit P-4 is still pending consideration. While so, the first respondent issued notices under section 148 (exhibits P-12 and P-13) proposing to reopen the assessment for the year 1984-85 and requiring the petitioner to file returns. The petitioner by exhibit P-14, and his representative by exhibit P-15, told the first respondent that the assessment completed on the basis of revised ret....

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....can assume jurisdiction to issue notice under section 147(a). First, he must have reason to believe that the income of the assessee has escaped assessment and, secondly, he must have reason to believe that such escapement is by reason of the omission or failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment. If either of these conditions is not fulfilled, the notice issued by the Income-tax Officer would be without jurisdiction.. . . It must be reasonable or in other words it must be based on reasons which are relevant and material." In reply, counsel for the Revenue submitted that the first respondent was not required to state reasons while issuing exhibits P-12 and P-13. Existenc....