TaxTMI 
TaxTMI 
2026 (5) TMI 891
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....out beyond four years that too only on the basis of the information available in the assessment record and there being no reference to any failure on the part of assessee to disclose fully and truly all material facts in the return of income as well as during the course of assessment proceedings u/s.143(3) of the Act. He therefore prayed that reassessment proceedings deserves to be quashed as null and void. 4. On the other hand, ld. DR supported the order of ld.CIT(A). 5. I have heard the rival contentions and perused the record placed before me. I note that the assessee is an individual and income of Rs.25,66,410/- declared in the return of income for A.Y. 2013-14 furnished on 09.09.2013. Return processed u/s.143(1)(a) of the Act. Thereafter, case selected for scrutiny through CASS and after valid serving of notices u/s.143(2) and 142(1) of the Act assessment proceedings u/s.143(3) of the Act have been completed and during the course of assessment proceedings assessee furnished details of sales and purchase, details of deductions, unsecured loans, details of TDS, details of bank account and various other expenses. Books of account were also produced and have been test checke....
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....by the Assessing Officer No substitution or deletion is permissible. No additions can be made to those reasons. No inference can be allowed to be drawn based on reasons not recorded. It is for the Assessing Officer to disclose and open his mind through reasons recorded by him. He has to speak through his reasons. It is for the Assessing Officer to reach to the conclusion as to whether there was failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment for the concerned assessment year It is for the Assessing Officer to form his opinion. It is for him to put his opinion on record in black and white. The reasons recorded should be clear and unambiguous and should not suffer from any vagueness. The reasons recorded must disclose his mind. Reasons are the manifestation of mind of the Assessing Officer The reasons recorded should be self-explanatory and should not keep the assessee guessing for the reasons. Reasons provide link between conclusion and evidence. The reasons recorded must be based on evidence. The Assessing Officer, in the event of challenge to the reasons, must be able to justify the same based on material available on....
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.... we may observe that the Assessing Officer in issuing the impugned notice under Section 148 of the IT At has clearly acted without jurisdiction. This firstly for the reason that the Assessing Officer was reopening an assessment beyond the period of four years and in such context the first proviso to Section 147 was strictly applicable inter alia to the effect that when the petitioner/assessee had not defaulted in fully and truly disclosing all material facts necessary for his assessment for the assessment year in question, the Assessing Officer would not have jurisdiction to reopen the concluded assessment. Secondly the reasons as furnished to the petitioner, in no manner whatsoever make out a case on the failure on the part of the petitioner to fully and truly disclose all the materials. This apart, the reasons demonstrate that the entire basis for such reopening is on the materials which was already available with the Assessing Officer, in finalizing the petitioner's assessment under Section 143(3) of the IT Act. If this be so, the Assessing Officer was acting on a complete change of opinion on the same material and/or intending to have a review of the assessment order passed....
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.... fair and/ or legal to relegate the petitioner to such alternate remedies in a situation as this, in the peculiar facts and circumstances. 41. In the above backdrop, even on merits we are unable to concur with Mr. Sharma in connection with his submission as also recorded in the affidavit in reply of the respondents. This is case where there is no fresh tangible material on the basis of which the assessing officer decided to reopen the petitioner's assessment for the impugned A.Y. 2014-15. Mr. Sharma, fell short of justifying the violation of the procedure mandated under Section 144B, of the IT Act, which for the reasons noted (supra) has an inbuilt requirement of compliance to the principles of natural justice. In the present case Mr. Sharma fairly does not dispute that the objections filed by the petitioner dated 18 February 2022 to the reasons recorded for reopening of assessment vide letter dated 2 February 2022 of the respondents, were neither separately disposed of nor has it been dealt with/adjudicated upon in the impugned assessment order. Further, from a perusal of the reply affidavit of the respondents it appears that the respondents have sought to justify the....