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TMI Blog2017 (5) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... he Income Tax Officer could not have reason to believe that any part of the income of the assessee had escaped assessment and such escapement was by reason of the omission or failure on the part of the assessee to disclose fully and truly all material facts and the notice issued by him would be liable to he struck down as invalid - the Tribunal could not have gone into the adequacy and sufficiency of reasons - appeal allowed - decided in favor of Revenue. - Income Tax Appeal No. 117 of 2009 - - - Dated:- 3-4-2017 - Hon'ble Sudhir Agarwal And Hon'ble Virendra Kumar-II, JJ. For the Appellant : D. D. Chopra, Alok Mathur For the Respondent : Jaspreet Singh ORDER 1. Heard Shri Alok Mathur, learned counsel for the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt to investigate. 5. We have gone through the order of the Tribunal impugned in this appeal. 6. Paragraphs No.16 and 18 make it very clear that notice under section 147 read with section 148 of the Act, 1961 has been held without jurisdiction on the ground that reasons recorded by Assessing Officer are inadequate. 7. In the context of Act 1961, Section 147 came up for constitution in Ganga Saran Sons P. Ltd Vs Income Tax Officer others, (1981) 130 ITR 1 (SC) and Court said; It is well settled as a result of several decisions of this Court that two distinct conditions must be satisfied before the Income Tax Officer can assume jurisdiction to issue notice under section 147 (a). First, he must have reason to believe that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt of the assessee to disclose fully and truly all material facts and the notice issued by him would be liable to he struck down as invalid. (emphasis added) 8. In Phool Chand Bajrang Lal And Anr. vs Income-Tax Officer, (1993) 4 SCC 77, referring to Section 147 and 148, Court said as under:- From the plain phraseology of the above Sections of the Act, it appears that two conditions precedent which are required to be satisfied before an Income Tax Officer can acquire jurisdiction to proceed under Clause (a) of Section 147 read with Sections 148 and 149 of the Act, beyond the period of four years but within a period of eight years, from the end of the relevant year, are: (a) that the Income Tax Officer must have reason to believe th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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