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TMI Blog2019 (10) TMI 778X X X X Extracts X X X X X X X X Extracts X X X X ..... erim order has also been prayed for restraining the authorities from giving further effect to the above notices. It is the contention of the petitioner that the order dated September 3, 2019 suffers from non-application of mind and has been issued mechanically without considering the rebuttal filed by the petitioner by its letter dated August 26, 2019 pursuant to the notice dated March 31, 2019 issued under Section 148 of the Income Tax Act 1961 (hereinafter referred to as "the said Act"). The first contention of the petitioner is that the notice dated March 31, 2019 and the order dated September 3, 2019 do not satisfy the first proviso to Section 147 of the said Act. It is contended that the incomes allegedly which had escaped assessment, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the law to reopen such assessment after a period of four years. The relevant portion of the judgment relied upon by the petitioner is quoted below :- "It would be seen from the above recorded reasons that there is no allegation whatsoever of any nature of any fact not being disclosed by the assessee in any of the assessments. From the said recorded reasons, it is evident that on account of the changed view of the Assessing Officer in the assessment year 1998-99, the said proceedings have been sought to be reopened. Thus it is evident from the recorded reasons that the basic condition namely of any alleged escapement on account of omission or failure to disclose the material facts by the assessee does not exist in the instant case. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It is for him to decide what inference of facts can be reasonably drawn and what legal inference have ultimately to be drawn. It is not for somebody else -far less the assessee - to tell the assessing authority what inferences, whether of facts or law, should be drawn. Indeed, when it is remembered that people often differ as regards what inferences should be drawn from given facts, it will be meaningless to demand that the assessee must disclose what inferences whether of facts or law - he would draw from the primary facts." (emphasis supplied) The above contention of the petitioner was already on record before the income tax authorities. Moreover, the same income which has been termed as escaped income for the assessment year 2012-13 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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