2021 (12) TMI 517

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.... Mr. Pritish Chatterjee for Respondents-Revenue.   P.C. : 1. Petitioner is impugning notice dated 31st March, 2021 issued by respondent under Section 148 of the Income Tax Act, 1961 (the Act) stating that respondents have reasons to believe that petitioner's income chargeable to tax for the A.Y. 2013-14 has escaped assessment within the meaning of Section 147 of the Act. The reasons....

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.... demonstrate that there was failure on the part of assessee to fully and truly disclosed material facts before the original Assessment Order was passed. Respondent in the case at hand has failed to demonstrate the same. The basis, as could be culled out of the reasons for re-opening, is only accounts or the returns filed by petitioner. It is stated in the reasons that giving amount received toward....

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....er has annexed to the petition a copy of the audit query or revenue audit, DCIT (Exemption) which indicates that decision to re-open the assessment is purely based on this audit query. The Income Tax Officer must determine for himself what is the effect and consequence of the law mentioned in the audit note and whether in consequence of the law which has come to his notice he can reasonably believ....

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....n of material on record, one view is conclusively taken by the Assessing Officer, it would not be open to re-open the assessment based on the very same material with a view to take another view.   6. Consequently, petition is allowed in terms of prayer clause (a) which reads as under : (a) This Hon'ble Court may be pleased to issue under Article 226 of the Constitution of India an....