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TMI Blog2017 (3) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... chargeable to tax has escaped assessment (see Asst. CIT v/s. Rajesh Jhaveri Stock Brokers (P)Ltd. (2007 (5) TMI 197 - SUPREME Court). - Prima facie determination of income escaping assessment would indicate application of mind to arrive at the reason to believe that income chargeable to tax has escaped assessment. This Court in Vodafone India Services Pvt. Ltd. v/s. CIT [2014 (10) TMI 278 - BOM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he reason in support of the impugned notice proceed on the basis that no scrutiny assessment under Section 143(3) was done for the subject Assessment Year and the same was processed only under Section 143(1) of the Act. The reasons recorded in support of the impugned notice is based upon a communication received from the office of the Chief Commissioner of Income Tax dated 10th February, 2014 to w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come Tax directed that the matter be examined and appropriate action, if necessary, be taken in accordance with law. Consequent to the above communication dated 10th February, 2014, the Assessing Officer issued a notice on 19th March, 2014 under Section 133(6) of the Act seeking details of the issue of shares at a premium. The petitioner responded giving details as sought for. Thus details were av ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment. In the present case the Assessing Officer prima facie has not done the bare necessary/rudimentary enquiry into the material received before he concludes that income chargeable to tax has escaped assessment. The evidence of the same is the absence in the reason of any amount being determined by the Assessing officer as having escaped assessment. This prima facie determination of income ..... X X X X Extracts X X X X X X X X Extracts X X X X
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