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TMI Blog2013 (5) TMI 612X X X X Extracts X X X X X X X X Extracts X X X X ..... ntly, then there is no merit in the review petition. This Court had perused the reasons recorded but the list was not found to be part of the assessment record which was seen by this Court. This Court had also noted – “shockingly” – that the assessment record did not contain even the forwarding letter alleged to have been written by the ADIT to the assessing officer. It was open to the revenue to produce the list when the appeal was heard by this Court, though it would have been even then a matter of debate as to whether, in the absence of the list in the assessment record of the assessee, the reasons for reopening the assessment can be said to have been properly recorded by relying on a list which is not found in the assessment record. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice under section 148 reopening the assessment on the ground that income chargeable to tax had escaped assessment. Detailed reasons were recorded by the assessing officer for reopening the assessment. He referred to a list which was sent to him by the Additional Director of Investigation-VI, New Delhi containing the details of transactions and particulars of beneficiaries and operators of accommodation entries in Delhi. He noted that the list revealed that the assessee had provided a large number of accommodation entries to other beneficiaries from its bank account with Vijaya Bank, Daryaganj. The assessing officer further noted that the assessee was an associate of one Sanjay Mohan Aggarwal, who was an entry operator of Delhi. According to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terial facts necessary for its assessment. In the absence of a specific averment in the reasons recorded to the effect that the assessee failed to make a full and true disclosure, the Tribunal took the view that the assessing officer did not have jurisdiction to reopen the assessment. The Tribunal also noted that the quantum of the income which escaped assessment was not recorded in the reasons, the assessing officer having merely assumed that the quantum of the commission may be more than Rs.1 lakh. In this view of the matter and after referring to several authorities, including judgments of this Court, the Tribunal held that the assessing officer erroneously assumed jurisdiction to reopen the assessment. The appeal of the assessee was acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Hon ble Court but had been seen by the ADIT to the CIT-III on 26.03.2008 and has been located in other files subsequently ; a copy of the list is attached to the present review petition. On this basis it is contended that the reasons recorded were valid and proper and did bring out the fact that the assessee failed to make a full and true disclosure of the material facts at the time of the original assessment. 7. We are afraid that once it is conceded on behalf of the revenue that the list was not produced before this Court at the time of the hearing of the appeal and is only being produced along with the review petition after locating the same in other files subsequently, then there is no merit in the review petition. This Court had pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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