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Issues involved: Reassessment of income for the assessment year 1962-63 u/s 147 of the Income Tax Act, 1961 based on alleged escaped assessment.
Summary: The petitioner, a senior advocate and former Minister of Law, had his income reassessed for the year 1962-63 due to alleged income escaping assessment. The Income Tax Officer (ITO) believed the petitioner's personal expenses were understated, leading to the reassessment notices. The petitioner challenged the validity of the reassessment proceedings through a writ petition under Article 226 of the Constitution. The main issue was whether the ITO had reasonable cause to believe that income had escaped assessment u/s 147(a) of the Act. The petitioner argued that his expenses were accurately reported and that the ITO lacked sufficient grounds for reassessment. The court emphasized that the ITO's belief must be based on reasonable grounds, not mere suspicion. Referring to legal precedents, the court highlighted that the officer's belief must be justiciable and subject to judicial review. The court found that the ITO's belief lacked substantial evidence and material, rendering the reassessment notices void. Consequently, the court allowed the writ petition, quashing all related notices and proceedings without costs.
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