9911796707
TMI Blog2016 (4) TMI 815X X X X Extracts X X X X X X X X Extracts X X X X ..... , even as regards the first condition, namely, that the Assessing Officer should record satisfaction that income chargeable to tax should have escaped assessment, in the light of the reasons recorded by this court in the case of Shri Chalthan Vibhag Khand Udhyog Sahakari Mandali Ltd. v. Deputy Commissioner of Income Tax (2015 (7) TMI 297 - GUJARAT HIGH COURT ), it cannot be said that on the reasons recorded for reopening the assessment, the Assessing Officer could have formed the belief that income chargeable to tax has escaped assessment. Therefore, even the first condition precedent for exercise of powers under section 147 of the Act, is not satisfied. Under the circumstances, the impugned notice issued under section 148 of the Act cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... objections to the respondent by a letter dated 12.01.2016, which came to be rejected by an order dated 18.01.2016. Being aggrieved, the petitioner has filed the present petition. 4. Mr. Manish Shah, learned advocate for the petitioner invited the attention of the court to the reasons recorded for reopening the assessment, to submit that on similar grounds, in case of the petitioner and other similarly situated assessees, the Assessing Officer sought to reopen the assessment by issuing notice under section 148 of the Act, which came to be challenged by the petitioner and other assessees before this court and this court in the case of Shri Chalthan Vibhag Khand Udhyog Sahakari Mandali Ltd. v. Deputy Commissioner of Income Tax, (2015) 376 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hag Khand Udhyog Sahakari Mandali Ltd. v. Deputy Commissioner of Income Tax (supra) and had quashed the notice under section 148 of the Act in a case relating to reopening of assessment wherein the return had been accepted under section 143(1) of the Act. 5. Mr. Sudhir Mehta, learned Senior Standing Counsel for the respondent, was not able to dispute the aforesaid position of law or to distinguish between the facts of the above cases and the present one. 6. On a perusal of the reasons recorded for reopening the assessment as referred to in the case of Shri Chalthan Vibhag Khand Udhyog Sahakari Mandali Ltd. v. Deputy Commissioner of Income Tax (supra) and the reasons recorded in the present case, it is evident that the grounds for reop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... truly all material facts necessary for its assessment for the year under consideration. On a perusal of the reasons recorded it is amply clear that there is nothing stated therein to the effect that there was any failure on the part of the petitioner to disclose fully and truly all material facts. Thus, the second condition precedent for exercise of powers under section 147 of the Act is clearly not satisfied. Moreover, even as regards the first condition, namely, that the Assessing Officer should record satisfaction that income chargeable to tax should have escaped assessment, in the light of the reasons recorded by this court in the case of Shri Chalthan Vibhag Khand Udhyog Sahakari Mandali Ltd. v. Deputy Commissioner of Income Tax (supra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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