TaxTMI 
TaxTMI 
2019 (11) TMI 1626
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...., received from mother Smt. Sushma Devi made from known sources, is based on surmises and conjectures not admissible in law. 5. That the assessee denied his liability to pay interest u/s. 234B/234C of the Act. 6. That the above grounds of appeal are independent and without prejudice to one another. Your appellant craves leave to add, alter, amend or withdraw any of the grounds of appeal at the time of hearing. 2. At the time of hearing, Ld. Counsel for the assessee stated that the legal issues in dispute on identical facts and circumstances of the case have already been adjudicated and decided in favour of another assessee by the various Hon'ble High Courts and the ITAT, Benches. Therefore, he requested to follow the said decisions and reassessment may be quashed by allowing the appeal filed by the assessee. In support of this contention, he relied upon the following case laws:- - Hon'ble Punjab & Haryana High Court in the case of Vipan Khanna vs. CIT (2002) 255 ITR 0220 - ITAT, Delhi Bench 'A' decision dated 20.01.2015 passed in the case of Bir Bahadur Singh Sijwali vs. ITO, Ward1, Haldwani (2015) 53 taxmann.com 366 (Delhi-Trib....
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....e AO from exercising his jurisdiction to assess the assessee on reopening notice.. 4. Acorus Unitech Wireless (P.) Ltd. Vs ACIT Delhi High Court T20141 43 taxmann.com 62 (Delhi)/[2014] 223 Taxman 181 (Delhi)(MAG)/[2014] 362 ITR 417 (Delhi) In terms of section 148, law only requires that information or material on which Assessing Officer records his or her satisfaction has to be communicated to assessee, without mandating disclosure of any specific document. 5. PCIT, Vs Paramount Communication (P.) Ltd. Delhi High Court [2017] 79 taxmann.com 409 (Delhi)/[2017] 392 ITR 444 (Delhi) Information regarding bogus purchase by assessee received by DRI from CCE which was passed on to revenue authorities was 'tangible material outside record' to initiate valid reassessment proceedings. 6. Paramount Communication (P.) Ltd. Vs PCIT Supreme Court 2017-TIQL-253- SC-IT SLP of assessee dismissed. Information regarding bogus purchase by assessee received by DRI from CCE which was passed on to revenue authorities was 'tangible material outside record' to initiate valid reassessment proceedings. 7. Amit Polyprints (P.) Ltd. Vs PCIT Gujarat High Court [2018] 94 t....
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....tion that it was a fit case for issuance of notice for reopening assessment, reassessment notice issued against assessee was justified." 4. I have heard both the parties and perused the records, the impugned order as well as the case laws relied by both the parties, reasons recorded by the AO while issuing the notice u/s. 148 of the Act. After going through the same, I am of the considered view that no doubt that assessee has filed various decisions of the Hon'ble High Courts, but the decision of the Hon'ble Gujarat High Court reported in (2018) 406 ITR 326 (Guj.) in the case of Principal Commissioner of Income Tax vs. Manzil Dineshkumar Shah is directly applicable in the case in hand by which the legal issues involved in this appeal are squarely covered in favour of the assessee. The relevant portion of the decision of the Hon'ble Gujarat High Court is reproduced as under:- "4. The Tribunal by the impugned judgment held that the notice was invalid, against which view of the Tribunal, the Revenue has preferred this appeal. 5. Mrs.Bhatt for the department vehemently contended that Assessing Officer had sufficient material to enable him to form a belief that inco....
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....ed deep verification. In plain terms therefore, the notice was being issued for such verification. His later recitation of the mandatory words that he believed that income chargeable to tax has escaped assessment, would not cure this fundamental defect. 10. Learned counsel for the Revenue however urged us to read the reasons as a whole and come to the conclusion that the Assessing Officer had independently formed a belief on the basis of information available on record that income in case of the assessee had escaped assessment. Accepting such a request would in plain terms require us to ignore an important sentence from the reasons recorded viz. 'it needs deep verification'. 11. Before closing, we can only lament at the possible revenue loss. The law and the principles noted above are far too well settled to have escaped the notice of the Assessing Officer despite which if the reasons recorded fail the test of validity on account of a sentence contained, it would be for the Revenue to examine reasons behind it. 12. Both these Tax Appeals are dismissed." 4.1 I have also gone through the aforesaid decision of the Hon'ble Gujarat High Court alongw....