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TMI Blog2022 (2) TMI 531X X X X Extracts X X X X X X X X Extracts X X X X ..... 148 of the Act would be ultra vires, being in excess of the jurisdictional restraints imposed by the first proviso to Section 147 of the Act . Having seen the reasons, no case of failure to disclose is made out. The factum of failure to disclose cannot be culled from the reasons in support of the notice seeking to reopen the assessment. Therefore, certainly it will be fatal to the assumption of jurisdiction under Sections 147 and 148 of the Act.- Decided in favour of assessee. - WRIT PETITION NO. 671 OF 2022 - - - Dated:- 8-2-2022 - K. R. SHRIRAM N. J. JAMADAR, JJ Dr. K. Shivaram, Senior Advocate, i/b Mr. Rahul Hakani, for the Petitioner. Mr. Sham V. Walve, i/b Mr. Suresh Kumar, for the Respondents. (Video Conferen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 against the original assessment order. 4. The assessment of petitioner is now again proposed to be reopened by issuing notice dated 31st March 2021 under Section 148 of the Act. The reasons supplied to petitioner for reopening are as under:- In this case, search information is received with regard to accommodation entry, STR etc in which assessee is beneficiary, the details of which are as under: S.NO. Case Packet Source Packet Source Description Source Name Information Type Value 1 Enquiry --- DLS Exports Pvt. Ltd. Others ͅ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mittedly a copy of the information received also has not been provided to petitioner to enable petitioner to effectively deal with the reasons. 6. Notwithstanding receiving these reasons, without any details available, petitioner filed its objection by a communication dated 12th August, 2021. Petitioner objected to the reopening on the following grounds: (i) There was no failure on the part of petitioner to disclose fully and truly all material facts necessary for assessment and recorded reasons do not record such failure. (ii) Reopening is done without own satisfaction of respondent no.1. (iii) There is no live nexus between the material and formation of belief about escapement of income. (iv) The reasons are vague an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upplied, that in fact there was failure on the part of assessee to disclose fully and truly all the material facts necessary for its assessment. If the factum of failure to disclose can be culled from the reasons in support of the notice seeking to reopen assessment, that will certainly not be fatal to the assumption of jurisdiction under Sections 147 and 148 of the Act. The Court held However, if from the reasons, no case of failure to disclose is made out, then certainly the assumption of jurisdiction under Sections 147 and 148 of the Act would be ultra vires, being in excess of the jurisdictional restraints imposed by the first proviso to Section 147 of the Act . 10. Having seen the reasons, no case of failure to disclose is made out ..... X X X X Extracts X X X X X X X X Extracts X X X X
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