2014 (10) TMI 72

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ) were passed on 20.03.1992 and 26.03.1992 respectively. It is necessary to note that reference number of H.U.F. is R-201 and that of the respondent in his individual capacity, is R-760. The Assessing Officer issued a notice, dated 16.09.1994, in exercise of power under Section 148 of the Act with the approval of the Deputy Commissioner proposing to reopen the assessment of  the H.U.F. However, the notice was issued to the respondent. In compliance with the notice, the respondent appeared before the Assessing Officer. He raised an objection to the very reopening of the assessment stating that there was no valid basis therefor. He has also stated that the proposal to reopen the assessment was in relation to a building, which, in turn, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r Section 154 of the Act, duly issuing notice. However, the power under Section 147 of the Act was invoked and notice under Section 148 of the Act was issued. Here itself, a note requires to be added that mere change of opinion by an Assessing Officer on the set of facts, which constitute the basis for an earlier order of assessment, cannot constitute the basis to invoke power under Section 147 of the Act. Secondly, since the reopening of the assessment under Section 147 of the Act would expose the assessee to not only additional liability, but also punitive measures, such as interest and penalty, the prescribed procedure is required to be followed meticulously. It has already been mentioned that the assessments of the respondent on the on .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ion or justification for reopening the assessment of the H.U.F. by issuing a notice to the individual. It is fairly well settled that where law requires a thing to be done in a particular manner, it shall be done in that manner, or not at all. The requirement in this behalf is more rigorous in relation to the steps taken by the State and its authorities which have the effect of imposing additional financial liability on the citizens or exposing them to penal consequences. The Tribunal has also found that reopening of the assessment was only on the basis of change of opinion and that the same does not accord with the powers conferred under Section 147 of the Act. We are in agreement with the findings of the Tribunal, in all respects. Hence, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X