9911796707
TMI Blog2018 (4) TMI 803X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed by the Income Tax Appellate Tribunal, in ITA Nos.1518/Mds/2004 and 1519/Mds/2004, respectively, dated 31.01.2007. 3. These Tax Case Appeals have been admitted on the following question of law:- "Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the reopening was made on the specific information from the Joint Commissioner of Income Tax, Special Range III, Mumbai, which was not available at the time of original assessment?" 4. The short issue that falls for consideration, in these appeals, is whether the Assessing officer was justified in reopening the assessment, by initiating proceedings under Section 148 of the Income Tax Act, 1961, (in short "the Act") for the assessment years 199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made by the learned counsel appearing on either side and carefully perused the materials placed on record. 9. The Commissioner of Income Tax (Appeals), in our view, has, in detail, considered the entire issue and with regard to the validity of the reopening proceedings, recorded the following factual matrix:- "5.1.6. Thus, it would be seen that all the basic information that was required to be supplied by the appellant was placed on record before the Assessing Officer. The Assessing Officer had also asked for necessary details during the course of assessment proceedings showing thereby the application of mind by the Assessing Officer on the issue. Out of the above various assets leased, some of the transactions were doubted by the Asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Officer during the course of reassessment proceedings from the assessee. The assessee was never confronted with any information that was in possession of the Assessing Officer. Thus, the Assessing Officer made roving enquiries during the course of reassessment proceedings and tried to collect evidence to support his initiation of proceedings u/s 148. This is against the provisions of law. It has been held by the Punjab and Haryana High Court, in the case of Vipan Khanna v. Commissioner of Income Tax and others, 225 ITR 220 that notice u/s 148 cannot be issued for making roving and fishing enquiries. Therefore issuance of notice u/s 148 even on this ground cannot be held to be legal." 10. Apart from the above findings, the Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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