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TMI Blog2021 (2) TMI 223X X X X Extracts X X X X X X X X Extracts X X X X ..... h the notice u/s.147/148 was issued. It is definitely open to the Assessing Officer to assess or reassess any other income which he has reason to believe has escaped assessment but for that purpose, he has to issue separate notice to the assessee u/s.148 of the Act. In present scenario, when specific subject matter reasons recorded and notice issued u/s.147/148 of the Act was with respect to under utilization of income of the assessee for which there has been no addition made, but the Assessing Officer has made addition entirely on the different subject matter which was not comprising in that notice itself, in such scenario, the Assessing Officer has acted beyond his jurisdiction. Therefore, we do not find any reason to interfere with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Receipt and payment account notice etc. That thereafter, notice u/s.148 of the Act was issued on 15.01.2013 for the reason that the trust had applied less than 85% of its income towards objects/maintenance during the year. The reasons recorded for reopening of assessment u/s.147/148 of the Act was as follows: The assessee in this case is a charitable trust registered under section 12A of the Act. Examination of its audited statements of account for the year in question in the course of enquiry conducted in connection with the assessee s application dated 14/05/2008 made to the Islamic Development Bank, Jeddah for grant of financial assistance of ₹ 4.18 Crore revealed that the assessee had applied less than 85% of its income towar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer was to assess /reassess the income which in his opinion had escaped assessment after application of Section 11 of the Act. It was only for this purpose, the notice u/s.148 of the Act was issued. It was further pointed out that the entire assessment order does not touch on this issue as the Assessing Officer was convinced that no income had escaped assessment on the basis of which the case was reopened and notice u/s.148 of the Act was issued. It was further submitted by the assessee that although the issue on the basis of which the case was reopened did not form the basis for any addition. However, the Assessing Officer went on to reassess independently other income anonymous donation u/s.115BBC of the Act which does not form the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and also any other income chargeable to tax which comes to his notice subsequently during the proceedings as having escaped assessment. The words and also have been used in a cumulative and conjunctive sense and hence it is incumbent on the Assessing Officer to assess and /or reassess the income which formed the basis for issuing of notice u/s.148 of the Act in addition to any other income which has also escaped assessment. It was stated that the notice issued by the Assessing Officer u/s.148 of the Act was on account of his opinion that the assessee has spent less than 85% of its income during the relevant previous year on the objects of the trust. However, the assessment order is silent on this issue and no addition has been made on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions within the meaning of Section 115BBC of the Act. The Ld. CIT(Appeals) further opined that the facts of the present case is squarely covered within the facts and also with the decision of the Hon ble Bombay High Court in the case of Commissioner of Income Tax-5, Mumbai Vs. Jet Airways (I) Ltd. (supra.). 7. Therein, the question before the Hon ble High Court was that on the subject matter involving in the issue of notice u/s.147/148 of the Act by the Assessing Officer, he has not assessed or reassessed as regards that specified subject matter as appearing in the said notice and also no addition has been made in respect thereof. However, the Assessing Officer has gone on to make addition in respect of some other subject matter which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ped assessment, has, as a matter of fact, not escaped assessment, it is not open to him to independently assess some other income. In view of the law laid down by the Hon ble High Court, the Assessing Officer had travelled beyond the jurisdiction to assess the alleged anonymous donations when he did not assess that income for which he had initially formed a reason to believe that it had escaped assessment. The Ld. CIT(Appeals), thereafter, directed the Assessing Officer to delete the addition made on account of anonymous donation u/s.115BBC of the Act. 9. We observe from the grounds of appeal filed by the Revenue in this appeals, as per aforesaid discussion and the law laid down by the Hon ble Bombay High Court in the case of Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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