2016 (6) TMI 1028

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..... ario, it cannot be said that the assessee is guilty of not disclosing fully and truly all material facts necessary for its assessment in respect of the assessment year. Thus the pre-condition for assumption of jurisdiction under the first proviso of Section 147 of the Income Tax Act, 1961, has not been satisfied for the purpose of issuance of a notice under Section 148 of the Income Tax Act, 19 .....

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..... such scrutiny proceeding. One of the issues raised in such scrutiny proceeding was the applicability of the provisions of tax deducted at source in respect of a portion of payments made by the petitioner. The petitioner did not deduct tax at source in respect of a portion and had deducted tax at source in respect of another portion. According to the petitioner it was not liable to deduct tax at s .....

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..... vocate for the income tax authorities has submitted that the petitioner is guilty of suppressing of the fact that the petitioner did not deduct tax at source in respect of a portion of the payment. The petitioner was liable to deduct tax at source. Such fact was supposed during the scrutiny proceedings. Such fact cannot be garnered out of the accounts made available at the time of the scrutiny ass .....

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..... the petitioner had contended that the petitioner did not deduct tax at source in respect of a portion of the payment made. The assessing officer had passed an order dated March 31, 2004 under Section 143(3) of the Income Tax Act, 1961. It did not charge the petitioner with any liability on account of alleged failure to deduct tax at source in respect of a portion of the payment made by the pet .....

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..... ard to tax deducted at source was raised for the purpose of scrutiny. The assessee had replied thereto. The scrutiny order had proceeded on a basis. Therefore, in such fact scenario, it cannot be said that the assessee is guilty of not disclosing fully and truly all material facts necessary for its assessment in respect of the assessment year. In the facts and circumstances of the case, I am of .....

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