9911796707
TMI Blog2012 (12) TMI 293X X X X Extracts X X X X X X X X Extracts X X X X ..... ereto the petitioner would appear to have filed the return of income and on 2.4.2012 sought reasons from the Assessing Officer for the issuance of the impugned notice of reassessment. The reasons were not provided and therefore on 24.4.2012 another request was made in writing to furnish the reasons. On 30.4.2012, the respondent No.3 provided the reasons recorded under Section 148(2) to the petitioner and on the same day also issued a notice under Section 142(1) seeking information in connection with the petitioner's assessment. On receipt of the reasons recorded for reopening the assessment, the petitioner filed her objections on 4.5.2012 questioning the jurisdiction of the respondent No.3 to reopen the assessment. It also appears that the petitioner challenged the reopening of the assessment on the ground that the notice was issued at the behest of respondent No.4 who, according to the petitioner, bore enmity towards the petitioner on account of certain matters arising out of their career with the IRS. Till the date of filing the writ petition, the objections have not been disposed of by the respondent No.3 and hence the present writ petition. 3. The main grievance projected on b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sumana Sen, PAN AMQPS5036G, Assessment years 2005-2006, 2006-2007, 2007-2008 & 2008-2009 27/03/2012 This office received a copy of D.O. letter from Sh. S. K. Srivastava, CIT (OSD), Delhi addressed to CIT, Delhi-XIV, New Delhi disclosing details of concealment of income and resultant evasion of tax of huge amount during the period 2003-2004 onwards and upto F.Y. 2007-2008 by Mrs. Sumana Sen, IRS currently working in the rank of JCIT in the department. It also contains details of expenditure incurred on foreign travels by Mrs. Sumana sen alongwith her family stated to be in excess of Rs.3 crores. Reliance was also placed on the copy of an affidavit sworn by Mrs. Sumana Sen and filed before Hon'ble Delhi High Court in Writ Petition (C) no.1373 of 2011 wherein she admitted to have traveled abroad with her family several times during that period. The said affidavit was enclosed alongwith the D.O. letter of Sh. S. K. Srivastava. The said TEP alleged that the assessee received gratification by way of expenditure incurred on her foreign travels alongwith her family by M/s. NDTV Ltd. during the period under consideration in lieu of favors granted by her to M/s. NDTV Ltd. as it's assessin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sar Sharma i.e. M/s. NDTV Ltd. It was further stated by the assessee that similar perquisites were given by M/s. NDTV Ltd. from time to time to other employees of that company as well as part of their salary package. The copy of employment contract of Sh. Abhisar Sharma with M/s. NDTV Ltd. or any other document is not available on file to corroborate the claim of source of expenditure on foreign travel. Nor is there any documentary evidence available to show inclusion of the expenditure involved on her foreign travels in taxable income of her spouse namely Sh. Abhisar Sharma who is an existing assessee in charge of ACIT, Circle-48(1), New Delhi. The expenditure on foreign travel of assessee, if it is a part of salary package of Sh. Abhisar Sharma received/ receivable from M/s, NDTV Ltd. is taxable perquisite U/s. 17 of the Income Tax Act, 1961. Upto A.Y. 2007-2008 it was required to be disclosed in return of income and form no.16 issued by the employer. These particulars were also required to be furnished in form no.12BA issued by the employer to the employee. This was to be furnished by the employer with his/ her return of income alongwith form no.16 and in addition to the form ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted hereinabove, the necessary approval of Addl. CIT, Range-40, New Delhi is being solicited in terms of statutory requirement of section 147 of the Income Tax Act, 1961 and other enabling provisions of law to assume jurisdiction U/s 147 and issue notice u/s 148 in terms of requirements of section 149 of Income Tax Act, 1961 for A.Y. 2005-2006, 2006-2007, 2007-2008 & 2008-2009 relevant for F.Y. 2004-2005, 2005-2006, 2006-2007 & 2007-2008 in the case of Smt. Sumana Sen PAN AMQPS5036G. (Indu Bala Saini) Income Tax Officer, Ward-40(4), New Delhi" It is well-settled that the reasons recorded under Section 148(2) should be based on credible material which should have a live link or nexus with the belief that there was escapement of income. At the stage of recording the reasons and issuing notice under Section 148, it is only a prima facie belief or tentative opinion that needs to be formed by the Assessing Officer. He is not at that stage required to make an assessment or record firm or final conclusions. The belief should however be held in good faith and objectively; it cannot be a mere pretence. The material on the basis of which the Assessing Officer forms the belief should not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the failure of the petitioner to furnish fully and truly all primary and material facts relating to her assessment. We are concerned with the assessment year 2005-06 and the notice under Section 148 was issued on 28.3.2012 after a period of 4 years from the end of the assessment year. This is therefore a case to which the first proviso to Section 147 is attracted. The Assessing Officer had to therefore demonstrate in the reasons recorded that the escapement of income was the result of the failure of the assessee to furnish fully and truly all material facts relating to her assessment. This condition is satisfied in the present case, as the above narration of the reasons recorded would show. There cannot be any dispute that it is the duty of the assessee to explain the expenditure incurred on her foreign travels. That would be a primary or material fact relating to her assessment, which the petitioner was under a duty to disclose, having regard to Explanation 1 to Section 147. In the absence of any document or evidence filed along with her return of income explaining the expenditure incurred by her on her foreign travels during the relevant previous year, the Assessing Officer was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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