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TMI Blog2019 (10) TMI 1290X X X X Extracts X X X X X X X X Extracts X X X X ..... .2015 and it was served upon the assessee. In response to which assessee inter-alia submitted that the original return of income filed by the assessee for A.Y. 2009-10 be considered as return of income in response to notice u/s 148 of the Act. Thereafter, the case of the assessee was taken up for scrutiny and assessment was framed u/s 147 r.w.s 143 of the Act vide order dated 09.02.2016 and the total income was determined at Rs. 14,23,530/-. Aggrieved by the order of AO, assessee carried the matter before Ld.CIT(A), who vide order dated (in appeal No.PN/CIT(A)-8/ITO Wd.7(3)/413/18-19) dismissed the appeal of the assessee. Aggrieved by the order of Ld.CIT(A), assessee is now in appeal and has raised the following grounds : "1. The reassess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 15,76,320/-. He pointed to the copy of the assessment order placed at Pages 6 to 9 of the Paper Book. He submitted that subsequently, notice u/s 148 of the Act was issued to the assessee. He pointing to the copy of the reasons which are placed at Pages 10 and 11 pointed to the fact that the case has been re-opened for verification of the cash and cheque deposits in the bank account. He submitted that admittedly, notice u/s 148 of the Act was issued beyond a period of four years and when the assessment is sought to be re-opened beyond a period of 4 years, then an additional condition needs to be satisfied namely that there must be failure on the part of the assessee to fully and truly disclose all material facts necessary for asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment on satisfaction of the following: (a) The Assessing Officer must have reason to believe that (b) Income chargeable to tax has escaped the assessment and (c) In cases where the assessment sought to be reopened is beyond the period of four years from the end of the relevant assessment year, then an additional condition is to be satisfied viz: there must be failure on the part of the Assessee to fully and truly disclose all material facts necessary for assessment. 5. In the present case, notice u/s 148 of the Act has been issued on 27.03.2015 in relation to A.Y. 2009-10. Hence, the re-opening of assessment is beyond the period of four years from the end of relevant assessment year. In such a scenario, as per the 1st proviso to Sec.147 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reported in 2013 356 ITR 481 has observed that for a mere verification of the claim, the power of re-opening of the assessment could not be exercised and it further observed that AO under the guise of power to re-open the assessment cannot seek to undertake an undertaking a fishing or roving inquiry or seek to verify the claim as if he is the scrutiny officer. 6. Considering the totality of the aforesaid facts and in view of the decision cited herein above, I am of the view that in the present case, notice for re-opening of the assessment u/s 147 of the Act is not as per the mandate of Sec.147 of the Act and therefore the re-opening is not permissible. I am therefore of the view that the notice issued for reopening has to be set aside and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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