9911796707
TMI Blog2022 (3) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... ct which was not disclosed while the assessment proceedings were on. As noted earlier, this point has been discussed in the assessment order and the Assessing Officer had allowed petitioner s claim for interest expenditure except a sum of ₹ 98,753/-. Simply using the expression because of failure on the part of the assessee to fully and truly disclosed all material fact etc., would not help respondents because it is quite obvious that these expressions have been used only to overcome the restrictions in the proviso to Section 147 of the Act. WP allowed. - WRIT PETITION NO. 3134 OF 2019 - - - Dated:- 11-1-2022 - K.R. SHRIRAM AND N. J. JAMADAR, JJ. Mr. Shreehari Iyer a/w Mr. Upendra Lokegaonkar i/b Mint and Confreres for Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -opening, the entire basis of alleged escapement of income are the Record and Proceedings available with the Assessment Officer that were filed and considered by the Assessing Officer who passed the original assessment order. According to Jurisdictional Assessing Officer (JAO) from the amount of ₹ 83,73,815/- claimed by the assessee as interest expenditure, a sum of ₹ 40,78,048/- was made by petitioner under Section 36(1)(iii) of the Act which was not permissible and since that claim has not been disallowed at the time of original assessment, there is escapement of assessment of said income. Therefore, one thing is very clear is that this claim was made by the assessee, i.e., petitioner, which has been considered by the original ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lp respondents because it is quite obvious that these expressions have been used only to overcome the restrictions in the proviso to Section 147 of the Act. 7. In our view, petition has to be allowed and the same is allowed in terms of prayer clause (a) which reads as under : (a) this Hon ble Court may be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India calling for the records of the Petitioner s case and after examining the legality and validity thereof quash and set aside the notice dated 31st March, 2019 Ex. G issued under section 148 of the Act to reopen the assessment for the assessment year 2012-2013 t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
