TaxTMI 
TaxTMI 
2022 (9) TMI 1368
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.... from the order of the ld.Income Tax Officer, Ward-1(1) Bathinda, (in brevity the AO) order passed u/s 143(3) of the Act date of order 28.07.2015. The hearing of the appeal is fixed as per the order of the ITAT, Amritsar Bench bearing Miscellaneous Application No.24/Asr/2019 which is emanated from ITA 695/Asr/2017. 2. The brief fact of the case is that the appeal of the assesseewas adjudicated by the ITAT, Amritsar Bench bearing ITA 695/Asr/2017 date of order 30.05.2019. The assessee filed miscellaneous application before the bench for not considering ground no. 1. The miscellaneous application of the assessee was adjudicated and matter is refixed in consideration for hearing of the ground no. 1 of the assessee. The said ground no. 1 of t....
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.... of the Act. The assessee received the gift Rs.4 lac from his real brother. After due verification and recorded the statement u/s 131, the reasons were recorded, and reopening was done by the ld. AO. Only the legal ground is point of adjudication before the Bench. 4. The ld. Counsel argued and filed a paper book which is kept in record. The ld. Counsel first point out the recorded reason which is extracted here as below: - "Reasons for initiating proceedings u/s 147 of the Income Tax Act, 1961 1. The assessee filed her return of income for the assessment year 2013-14 on 15.03.2014declaring income at Rs. 2,60,590/-. As per computation of income, the source of income is tuition income arid commission income. 2. 1 A survey u/s 133A of I....
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.....1 Accordingly, I have reasons to believe that the income of Rs.23,84,500/- ( Rs 18,37,500/-+ Rs.1,47,000/- + Rs. 4,00,000/-) of the assessee has escaped assessment for the assessment year 2013-14 within the meaning of section 69 of I.T.Act, 1961 besides any other income chargeable to tax which would have escaped assessment and would come to notice subsequently in the course of assessment proceedings under this section, within the meaning of section 147 of the I T. Act." The ld. Counsel argued that the entire reopening u/s 148 is arbitrary and illegal. 5. The ld. Sr. DR vehemently argued and relied on the order of the revenue authorities. 6. We heard the rival submission and relied on the documents available in the record. The only groun....
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....the officer has to produce relevant evidence to sustain his belief in case the reasons to believe are questioned in court, however, it was argued that the jurisdiction of the High Court is to examine the existence of reasons not the legality of the same." "33. We would like to restate and elaborate the principles in exercising the writ jurisdiction in the matter of search and seizure under section 132 of the Act as follows: (i) The formation of opinion and the reasons to believe recorded is not a judicial or quasi-judicial function but administrative in character. (ii) The information must be in possession of the authorised official on the basis of the material and that the formation of opinion must be honest and bona fide. It cannot ....