9911796707
TMI Blog2019 (1) TMI 221X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner cannot be held to be guilty of not making full and correct disclosure of the accounts before the Assessing Officer. Consequently, it cannot be said that, there is any income which escaped assessment during the relevant assessment year. He draws the attention of the Court to the queries raised by the Assessing Officer during the assessment proceeding. He submits that, the petitioner gave a detailed reply thereto by a writing dated February 20, 2015. The quantum of Tax Deducted at Source (TDS), both on account of loan as also interest, were furnished to the Assessing Officer. The Assessing Officer considered such material and passed an order of assessment. He submits that, the TDS was not dealt with by the assessment order as, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvoke provisions of Section 147 and 148 of the Act of 1961. What would be construed as true and full disclosure under the Act of 1961, he relies upon AIR 1993 SC 2390 (M/s. Phool Chand Bajrang Lal and another Vs. Income-Tax Officer and another). In the present case, the authorities have issued the impugned notice dated March 27, 2018 under Section 148 of the Act of 1961 for the assessment year 2012-13. The reasons in support of such exercise of power, as appearing in the writing dated September 28, 2018, states that, the TDS certificate on which the petitioner relies upon are invalid certificates and have no legal standing. In fact, it is doubted as to whether the amounts covered under the TDS were deposited with the government or not. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee to have made a full and true disclosure for the authorities not to invoke the provisions of Section 147 and 148 of the Act of 1961. S.K. Tekriwal (Supra) deals with the provisions of Section 40(A)(ia) of the Act of 1961. It notes that a portion of the judgment and order was under challenge. The judgment and order under challenge finds that there was no allegation that the Tax Deducted at Source was not deposited with the government account. As noted above, the department is doubting the deposit of the TDS amount with the government. It is, therefore, imperative that such issue is looked into under the provisions of Section 147 and 148 of the Act of 1961. In the facts of the present case, therefore, I am not minded to find that, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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