9911796707
TMI Blog2022 (4) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... proval/sanction granted under Section 151 of the Act of 1961 is also not proper because sanctioning/approving authority in approval has only written 'approved'. From the assessment order u/s 143 (3) and reasons recorded by AO, it is apparent that Assessing Officer has committed mistake, which vitiates the entire proceedings. Had the Approving / Sanctioning authority considered the record in proper manner, the mistake committed by Assessing Officer could have been detected by it and sanction/approval might have not been granted. In these circumstances, pending final decision of this petition, some interim protection may be granted to the petitioner. Taking into consideration facts and circumstances of case, particularly contents o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 1961 on 17.10.2016 determining total loss at ₹ 1,96,62,420/- ', which prima facie shows that Assessing Officer at the time of initiating proceedings for re-assessment and issuance of notice under Section 148, has not applied his mind and not gone through return or assessment order of petitioner assessee. He further contended that reasons to believe recorded by Assessing Officer only mentions that information available with department is that petitioner is involved in obtaining bogus bills from a paper shell company of Kolkata, but name of company from whom petitioner has obtained bogus bills has not been specifically mentioned by Assessing Officer. If reasons are recorded by Assessing Officer based on certain information, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 1,96,62,240/-. On objection being raised by petitioner, the Assessing Officer clarified name of paper shell company as M/s Krishna Enterprises, Kolkata. Hence, there is no merit in the submission of learned counsel for petitioner that Assessing Officer has not applied his mind at the time of initiating proceedings for issuance of notice under Section 148 of the Act of 1961. I have heard learned counsel for parties. Taking into consideration facts and circumstances of case, particularly contents of assessment order under Section 143 (3) of the Act of 1961 where total income of petitioner assessee has been accepted by Assessing Officer, as also contents of reasons to believe recorded by Assessing Officer, determining total loss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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