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TMI Blog2021 (9) TMI 1182X X X X Extracts X X X X X X X X Extracts X X X X ..... rch proceedings conducted in the premises of the Finance Manager of a company, has also been furnished to the assessee and the notings therein need to be considered as to whether any on money was received by the assessee. Unless these are decided and a finding is rendered, it cannot be held as to whether the reopening is valid or not. Since such an exercise has not been done by the learned Single Judge, we are inclined to interfere with the impugned order. This is more so unless and until such a finding is rendered, the Appellate Court cannot test the correctness of the findings. Therefore, in the absence of any such finding, the Appellate Court cannot be expected to convert itself into the Court of first instance and decide the writ pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 of the impugned order dated 30.6.2021. On a reading of the same, we find that the learned Single Judge noted as to what were the powers of the Assessing Officer under Section 147 of the Act. 5. There can be no dispute as to the powers conferred on the Assessing Officer under Section 147 of the Act. However, the question, which is required to be decided in the said writ petition, is as to whether the assumption of jurisdiction by the Assessing Officer invoking Section 147 of the Act is in accordance with law. 6. The case of the assessee was that the assumption of jurisdiction was bad in law, as the reopening was a clear case of change of opinion. 7. We find from the impugned order before us that this aspect has not been dealt wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s could never be a new information as the entire case was discussed by the Assessing Officer while completing the original assessment, all records were placed before him and specifically, it had been stated that the sale transaction did not fructify and though the assessee paid ₹ 50 lakhs, what was returned to the assessee was only ₹ 31,24,000/-, which was reflected in the bank statements as well as financials, which were filed along with the return of income. 11. Therefore, what is required to be seen in the said writ petition is as to whether the alleged ground, on which, the reopening was done, was based on a new material, was there a sale transaction and more particularly when the assessee was not the owner of the propert ..... X X X X Extracts X X X X X X X X Extracts X X X X
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