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2019 (2) TMI 996

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..... what was the failure on the part of the petitioner to disclose fully and truly all materials facts. In the absence of any failure on the part of the petitioner to disclose fully and truly all material facts necessary for its assessment for the assessment year under consideration the first proviso to section 147 would be attracted and consequently, the assumption of jurisdiction on the part of the Assessing Officer under section 147 by issuing the impugned notice under section 148 of the Act is without authority of law. The impugned notice under section 148 of the Act, therefore, cannot be sustained. - Decided in favour of assessee. - R/SPECIAL CIVIL APPLICATION NO. 14777 of 2018 - - - Dated:- 10-12-2018 - MS HARSHA DEVANI AND DR A. P. T .....

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..... ection 143 (1) of the Act. Subsequently, the case was selected for scrutiny, which culminated into an assessment order dated 31.1.2014 under section 143 (3) of the Act. Thereafter, by the impugned notice dated 30.3.2018, the assessment of the petitioner for the year under consideration is sought to be reopened. Upon receipt of the notice, the petitioner requested the respondent to furnish the reasons recorded for initiating re-assessment proceedings. Upon such reasons being furnished to the petitioner, the petitioner raised detailed objections before the respondent on 28.6.2018. By an order dated 29.8.2018, the respondent rejected the objections. Being aggrieved, the petitioner has filed the present petition. 5. Mr. B. S. Soparkar, learn .....

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..... y setting aside the impugned notice. 6. Opposing the petition, Mr. M. R. Bhatt, Senior Advocate, learned counsel for the respondent reiterated the grounds raised in the affidavit-in-reply filed on behalf of the respondent. He, however, was not in a position to distinguish between the facts of the case in respect of the assessment year 2010-11, wherein this court had examined the case on merits and set aside the impugned notice. 7. This court has considered the submissions advanced by the learned advocates for the parties. 8. On a conjoint reading of the reasons recorded for reopening the assessment in the present case in relation to assessment year 2011-12 and the reasons recorded as reflected in the judgment and order dated 21.2.2 .....

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..... e course of scrutiny assessment, the assessment is sought to be reopened. Nothing specific has been pointed out by the learned counsel for the respondent to show as to what was the failure on the part of the petitioner to disclose fully and truly all materials facts. Under the circumstances, in the absence of any failure on the part of the petitioner to disclose fully and truly all material facts necessary for its assessment for the assessment year under consideration the first proviso to section 147 of the Act would be attracted and consequently, the assumption of jurisdiction on the part of the Assessing Officer under section 147 of the Act by issuing the impugned notice under section 148 of the Act is without authority of law. The impugn .....

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