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Issues involved: Application of section 147(a) of the Income-tax Act, 1961 for reopening assessment and justification of cancellation of assessment.
Application of section 147(a) of the Income-tax Act: The Tribunal refused to make a reference on the ground that no question of law arose. The controversy revolved around whether the application of section 147(a) was decided as a question of fact. The Tribunal narrated the circumstances where the assessee had deposits from hundi bankers, which were initially accepted as genuine during the original assessment. The key issue was whether there were grounds for reopening the assessment in accordance with the law. The report by the Income-tax Officer mentioned opening balances of certain parties, indicating income had escaped assessment due to failure to fully disclose. However, the Tribunal found the reasons for reopening the assessment to be vague and unsupported by evidence. The Tribunal concluded that there were no facts or information available to justify the action under section 147(a). Cancellation of assessment: The court emphasized that the law regarding reopening assessments is well-settled, and mere suspicion cannot justify setting aside a previous assessment. The counsel for the assessee argued that there was no change in primary facts, and the same material was being treated differently by the Income-tax Officer. The court referred to a case where hundi loans were involved, accepted in the original assessment but later found to be not genuine. In that case, a thorough investigation revealed undisclosed facts by the assessee, unlike the present case where no evidence showed the primary facts disclosed by the assessee were untrue. The court concluded that the reopening under section 147(a) was done without any material, dismissing the application as raising a question of fact and not of law. This judgment highlights the importance of substantial evidence and adherence to legal procedures in the assessment process under section 147(a) of the Income-tax Act, 1961, to ensure fair and justified outcomes.
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