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TMI Blog2013 (7) TMI 854X X X X Extracts X X X X X X X X Extracts X X X X ..... had had the necessary materials indicating the concealment of income or income which had escaped assessment irrespective of the source from which it had come, it being the information and the material indication of escapement of income from assessment for the Assessing Officer to reopen the assessment, rightly the Assessing Officer assumed jurisdiction under Section 147 of the Income Tax Act and no exception could be taken to this by the assessee, contending that the Assessing Officer had no jurisdiction under Section 147 of the Income Tax Act - Decided in favour of Revenue. - Tax Case (Appeal) No.1233 of 2005 - - - Dated:- 22-7-2013 - Chitra Venkataraman And K. B. K. Vasuki,JJ. For the Appellant : Mr. J. Narayanaswamy Standing Coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... VDIS/99-2000 dated 24.01.2000, which stated that in the VDIS Scheme, if the tax had not been paid within the specified period, the Assessing Officer should reopen the assessment immediately. Thus the declaration was sent to the Officer for necessary action. Based on this, the Assessing Officer reopened the assessment under Section 147 of the Income Tax Act and a notice was issued under Section 148 of the Income Tax Act, holding that he had reason to believe that income liable to tax had escaped assessment. The assessee resisted the proceedings on the ground that the declaration made was only for the sake of information of the Department and that there was no suppression. The Assessing Officer, however, rejected the contention of the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted out that the assessment itself was reopened only at the behest of the superior authority and the Assessing Officer had not applied his mind independently. In the circumstances, unless the Assessing Officer had had materials available by recording the reasons for coming to the conclusion that the income had escaped assessment for the assessment year, the reopening could not be held to be valid in law. Thus, in the absence of any independent reason given, the assessment was set aside. Aggrieved by this, the Revenue is on appeal before this Court. 6. Learned Standing Counsel appearing for the Revenue pointed out that when the assessee had made the statement on a solemn verification that he was offering his income under the Voluntary Disc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of income from assessment for the Assessing Officer to reopen the assessment, rightly the Assessing Officer assumed jurisdiction under Section 147 of the Income Tax Act and no exception could be taken to this by the assessee, contending that the Assessing Officer had no jurisdiction under Section 147 of the Income Tax Act. 8. Learned counsel appearing for the appellant submits that the declaration made was later on found by the assessee as not correct and hence, the claim made by the Revenue that the income had escaped assessment without any independent inquiry, was not correct. We do not find any substance to accept this kind of reasoning, for, when the assessee makes a declaration under the VDIS Scheme, the assessee was fully consci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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