9911796707
TMI Blog2016 (8) TMI 959X X X X Extracts X X X X X X X X Extracts X X X X ..... es on the income being in excess of the maximum amount not chargeable to tax. Therefore, non filing of return of income and/or not obtaining of PAN does not ipso facto give jurisdiction to reopen an assessment under Section 147/148 of the Act. Prima facie the jurisdiction even in case of non filing of return of income to issue notice of re-opening notice is a reasonable belief of the Assessing Officer that income chargeable to tax has escaped assessment. The condition precedent for issuance of notice under Section 147/148 of the Act is no different in cases where no return of income has been filed. If clause (a) of explanation 2 to Section 147 of the Act is to be applied then it must be established that the income of the person to whom the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. 2. Thus liberty is granted to amend the petition. Amendment to be carried out forthwith. Re-verification dispensed with. 3. Heard. Rule. 4. This petition challenges a notice dated 31st March, 2015 issued under Section 148 of the Income Tax Act, 1961 (the 'Act') seeking to re-open assessment for the assessment year 2008-09. The reasons in support of the impugned notice indicate that for Assessment Year 2008-09 the petitioner has not filed its return of income nor obtained PAN (Permanent Account Number). This even when the petitioner had received contribution aggregating to ₹ 6.58 crores during previous year relevant to Assessment Year 2008-09. 5. The petitioner in its objection to the reasons in support of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd correct. No prejudice is caused to the petitioner by participating in reassessment proceedings. 7. Mere non filing of return of income does not give jurisdiction to the Assessing Officer to re-open the assessment unless the person concerned has total income which is assessable under the Act exceeding maximum amount which is not chargeable to Income Tax. This is provided in Explanation 2 to Section 147 of the Act. This is for the reason that in terms of Section 139(1) of the Act the obligation to file a return of income is only when the total income of a person exceeds the maximum amount not chargeable to tax. So also the obligation to obtain PAN only arises on the income being in excess of the maximum amount not chargeable to tax. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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