2026 (9) TMI 1397

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....9.12.2019 passed by the Income Tax Officer, Ward-29(3), New Delhi (hereinafter referred as the 'AO') for the Assessment Year (A.Y.) 2012-13. 2. Grounds of appeal filed by the assessee are as under: 1. Invalid assumption of jurisdiction under Section 148 The learned Assessing Officer has erred both in law and on facts in assuming jurisdiction under Section 148 of the Income-tax Act, 1961. The notice issued under Section 148 is invalid as the "reason to believe" recorded by the Assessing Officer is based on incorrect and non-existent facts and does not disclose any tangible material indicating escapement of income. The initiation of reassessment proceedings is therefore without jurisdiction and the assessment order passed....

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....ave to add, alter, amend or withdraw any of the above grounds of appeal at or before the time of hearing." 3. Brief facts of the case are that the assessee, Madan Mohan Tiwari, proprietor of M/s M. M. Engineering Services filed his ITR u/s 139 of the Act on 31.03.2012 declaring total income of Rs. 2,91,900/- on presumptive basis. Assessee declared income of Rs. 2,80,000/- on gross receipts of Rs. 35,00,000/-, with TDS credit of Rs. 71,200/-. 4. On the basis of information that Form 26AS of the assessee for AY 2012-13 had a total receipt of Rs 3,36,23,806/- and TDS of Rs 33,62,400/- whereas the assessee had claimed TDS credit of Rs. 71,200/- only. The AO therefore formed a reason to believe that TDS amount of Rs 32,91,200/- has escaped....