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TMI Blog2015 (1) TMI 564X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned notice do reflect an independent application of mind of the Assessing Officer. The reference to the audit query is only in support of the prima facie view arrived at by the Assessing Officer. The order disposing of objection while discussing the objection of the petitioner that reasons are mere change of opinion, states that it is not so, as this issue was not considered during the regular proceedings as the Assessing Officer had not applied his mind to the issue. Thus there is no improvement in the reasons. - Decided against assessee. - WRIT PETITION NO. 1454 OF 2012 - - - Dated:- 10-11-2014 - M.S. SANKLECHA AND S.C. GUPTE, JJ. For the Appellant : Mr. F.V. Irani, Mr. Niraj Sheth, advocates i/by Atul K. Jasani For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis of the above said escapement of income, supported by Audit query raised during 49th cycle, this set off is inadmissible as per the provisions of the Act. Under these circumstances, i have reason to believe that there is escapement of income chargeable to tax to the tune of ₹ 34,27,755/-. 4. The petitioner filed its objections to the above reasons on the ground that in the absence of fresh tangible material the reopening of the assessment is invalid. It was submitted that all material was available with the Assessing Officer at the time he passed the assessment order under section 143(3) of the Act and thus the impugned notice is without jurisdiction as it is an attempt to review the existing records. By an order date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls of all sources of income and basis of its calculations. No evidence of the petitioner having responded to the queries is on record. No such contention is taken by the petitioner in its objection to the reasons recorded in support of the impugned notice, as filed with the Assessing Officer. It is only now that this objection is taken. In fact, in the petition they have merely pointed out that a query was raised by a notice dated 6th November 2009 issued during the regular assessment proceedings and a bald statement that it was responded to. However in the petition no reference is made to what was the nature of the response to the queries raised and what were the particulars furnished with regard to the queries raised in particular referen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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