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TMI Blog2014 (6) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... ssional services to M/s Komori Corporation, Japan, since Spetember,1995 in connection with erection, commissioning, training etc. for equipments supplied by the aforesaid company to various entities in India. For the Assessment Year 2005-06 the assessee has filed a return of income on 28.10.2005 declaring an income of Rs.29,23,020/-. For the Assessment Year 2004-05 the assessee company filed a return of income on 28.10.2004 declaring total income of Rs.19,38,640/-. For both the AYs the returns were processed u/s 143(1) of the Act later. The assessments were reopened by the issue of notice u/s 148 on 30.3.2011. Assessment order u/s 147 r.w.s. 143(3) were passed assessing the total income for the Assessment Year 2005-06 at Rs.60,07,060/- and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atutory notice required to be issued u/s 148 of the Act before making such assessment u/s 147 was not served on the assessee at all. 5. Without prejudice to the ground of appeal no.1, and under the facts and circumstances of the case, the assessment order u/s 147 passed by the Ld.AO is invalid and bad at law as the statutory procedure for such assessment prescribed in law has not been followed and the necessary sanctions from Ld.JCIT as prescribed u/s 151(2) have not been obtained before reopening of assessment in the case of assessee. 6. The appellant craves to add, withdraw, and revise any or all the above grounds of appeal, either before or during the course of hearing in the interest of justice." 4. The Ld.Counsel for the assessee Mr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee in its books of accounts. He further submitted that the assessee wanted to know the specific information regarding the alleged amounts, so that he could give explanation and has made various efforts by filing request letters as well as applications and appeals under the RTI Act. But despite specific orders by the appellate authorities under the RTI Act, no further details/instructions about the alleged figures of remittances from M/s Komori Corporation had been provided to the assessee. To substantiate the claim the assessee filed the following:- i. Affidavit of Mr.Gangadhar Kahate, Director of appellant company within the terms of Rule 20 of Appellate Tribunal Rules 1963, which is enclosed on page no.13 to 14 of the paper boo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authority. She argued that the reopening was made on receipt with specific information from another Assessing Officer and hence is a valid reopening. On merits she submitted that the assessee was not able to demonstrate that the amounts in question were accounted for in its books of accounts and hence the addition was correct. 6. Rival contentions heard. On a careful consideration of the facts and circumstances of the case and on perusal of papers on records and orders of the authorities below, we hold as follows. 7. The AYs involved are Assessment Year 2004-05 and 2005-06. The notice for reopening u/s 148 of the Act was given on 30.3.2011 that is beyond a period of 04 years. The original returns were processed u/s 143(1) of the Act. S.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - from Komori, Azumabashi, Sumidaku, Tokyo, Japan. The assessment completed u/s 143(1) of IT Act, 1961 in this case dated 5.3.2006 the above discussed issues has not brought to tax. Based on the above facts, I have reasons to believe that the income of the assessee chargeable to tax has escaped assessment because of the failure on part of the assessee to disclose its income fully and truly. If approved a notice u/s 148 of the IT Act may be issued to the assessee. Dt. 30.3.2011 Sd/- (Manisha K Beniwal)DyCIT Circle 11(1), New Delhi" A perusal of the above reasons demonstrate that the Assessing Officer had information from another Assessing Officer. He has recorded that based on this information he has reason to believe that the income of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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