9911796707
TMI Blog1996 (10) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... a statement of the case and refer to this court the following question of law stated to be arising from the order of the Tribunal dated October 23, 1989 : " Whether, on the facts and in the circumstances of the case, the learned Tribunal is right in law in cancelling the reassessment by not considering the statement of Shri Basheshar Lal as information to justify action under section 147(a) of the Income-tax Act, 1961, although the deposit has been held bogus by it on the basis of the same statement ? " Shortly stated the facts are that the assessee's assessment year under consideration was originally framed on March 28, 1974. During the course of assessment proceedings, cash credits of Rs. 35,000 in the name of one Basheshar Lal, son o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt on the ground that the credit was genuine ; that the assessee had disclosed all primary facts in the earlier proceedings and on a mere change of opinion, the Income-tax Officer could not reopen the assessment proceedings. The Appellate Assistant Commissioner upheld the order of the Income-tax Officer and dismissed the appeal. The assessee thereafter filed second appeal before the Tribunal. It was contended on his behalf that the assessee had placed all relevant materials before the Income-tax Officer in the original assessment and, therefore, even if Basheshar Lal had made some complaint before the Income-tax Officer that could not be treated as fresh information authorising the Income-tax Officer to reopen the proceedings under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arlier finding by bringing in additional evidence in the form of the statement of Basheshar Lal. Such a course is not authorised by the provisions of the Income-tax Act and an Income-tax Officer cannot be allowed to make up his default by recourse to section 147(a) when all that was within the means of the assessee had already been disclosed to the Income-tax Officer and the Income-tax Officer having applied his mind to those facts accepts the assessee's claim. We are, therefore, of the view that in this case the reopening of the assessment under section 147(a) was not permissible and, therefore, the consequent assessment cannot be sustained." From the findings recorded by the Tribunal, it is clear that the assessee had disclosed all prim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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