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TMI Blog2018 (3) TMI 800X X X X Extracts X X X X X X X X Extracts X X X X ..... ons required for invoking Section 147 were conspicuously absent. The revenue did not claim to have come in possession of any material to form the basis for the belief that income escaped assessment. It was, thus, held that the case seemed to involve a matter of change of opinion which was not permissible under law. Thus, invoking of jurisdiction under Section 147 of the Act by the Assessing Officer was held to be impermissible and could not be sustained. - Decided in favour of assessee. - ITA No. 520 of 2017 (O&M) - - - Dated:- 26-2-2018 - MR. AJAY KUMAR MITTAL AND MR. ANUPINDER SINGH GREWAL, JJ. For The Appellant-Revenue : Mr. Tajender Kumar Joshi ORDER Ajay Kumar Mittal,J. 1. The appellant-revenue has filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt of disallowance under Section 40(a)(ia) of the Act and addition of ₹ 7,50,989/- on account of difference of gross receipt as per profit and loss account and income tax return. Aggrieved by the order, the assessee filed an appeal before the Commissioner of Income Tax Appeals, [CIT(A)]. Vide order dated 01.02.2016, the appeal was dismissed by the CIT(A). Not satisfied with the order, the respondentassessee filed an appeal before the Tribunal. Vide order dated 19.04.2017, Annexure IV, the Tribunal allowed the appeal filed by the respondent-assessee and quashed the order dated 28.03.2014 passed by the Assessing Officer, holding that after expiry of four years from the end of the relevant assessment year, no action under Section 147 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Officer had issued notice to the assessee as to why these payments should not be disallowed under Section 40(a)(ia) of the Act. The Assessing Officer has not been able to refer to any evidence or material on record to suggest as to what prompted him to form the opinion that there existed violation of the provisions of Section 40(a)(ia) of the Act. In the absence of any material, taking recourse to Section 147 of the Act was unwarranted. 6. The Tribunal while accepting the appeal of the assessee concluded that the conditions required for invoking Section 147 of the Act were conspicuously absent. The revenue did not claim to have come in possession of any material to form the basis for the belief that income escaped assessment. It was, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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