2026 (6) TMI 274

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....sment passed u/s 147 r.w.s. 143(3) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') dated 21.12.20185 and 19.09.2019 respectively by the Assessing Officer, DCIT, Circle-1(1), Gurgaon (hereinafter referred to as 'ld. AO'). Identical issues are involved in all these appeals and hence they are taken up together and disposed of by this common order for the sake of convenience. 2. We have heard the rival submissions and perused the materials available on record. The assessee is a partnership firm and had filed its regular return of income for AY 2011-12 on 22.09.2011 declaring total income of Rs. 2,44,00,855/-, which was duly processed u/s 143(1) of the Act. Scrutiny assessment was framed u/s 143(3) of the Act on 14.03.2014 ....

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....e perusal of the reasons, we find that there is absolutely no mention by the ld AO regarding the failure committed by the assessee to make full and true disclosure of all material facts that are relevant for the purpose of assessment. Hence, there is a direct violation of first proviso to section 147 committed by the ld AO. The Hon'ble Bombay High Court in the case of Hindustan Lever Ltd. Vs. R.B. Wadker reported into 268 ITR 332 (Bom) had observed as under:- 20. The reasons recorded by the Assessing Officer nowhere state that there was failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment of that assessment year. It is needless to mention that the reasons are required to be....