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TMI Blog2022 (9) TMI 295X X X X Extracts X X X X X X X X Extracts X X X X ..... clearly fallacious which proves beyond doubt a non-application of mind by him to the material available on record on the basis of which the impugned belief that the income of the assessee chargeable to tax had escaped assessment had been arrived at by him. Assessee had made cash deposits and purchased immovable property as stated in the reasons to believe , but the very observation that the assessee had not filed his return of income for the year under consideration i.e. A.Y.2012-13 irrefutably evidences a clear non-application of mind by the A.O who had in a mechanical manner without even doing the bare minimum i.e. referring to and consulting the assessment record of the assessee which was lying available with him had taken recourse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Ld. CIT(A) has erred in law as well as on facts in upholding the issuance of notice u/s.148 of the I.T Act, 1961. 5. That the assessee craves leave to add, alter and amend modify, substitute delete and /or rescind all or any of the grounds of appeal on or before the final hearing. 2. Succinctly stated, on the basis of AIR information/transactions data of F.Y.2011-12 which revealed that the assessee had made a deposit of Rs.10 lacs and above in his bank account, the A.O observing that the assessee had not filed his return of income for the year under consideration i.e. A.Y.2012-13, reopened his case u/s.147 of the Act. Notice u/s.148 of the Act was issued to the assessee on 19.12.2013. In response, the assessee filed his return o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opted for disclosing of his income as per the deeming provisions of section 44AE/44AD of the Act, therefore, the income disclosed was in accordance with the mandate of law. However, the A.O was not inclined to accept the aforesaid explanation of the assessee. The A.O was of the view that the claim of the assessee of having received an amount of Rs.1,66,35,355/- from plying of four trucks was beyond comprehension. In order to fortify his aforesaid conviction, it was observed by the A.O that the total receipt of the assessee as per Form 26AS was at Rs.18,57,310/-. Observing that the assessee had neither maintained any record of expenses qua its aforesaid business of plying of vehicles nor had furnished copies of agreements etc. as regards t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the year under consideration i.e. A.Y.2012-13 on 31.03.2013, therein disclosing an income of Rs.5,04,500/-, however, the A.O had initiated the impugned reassessment proceedings u/s.147 of the Act, inter alia, for the reason that the assessee had not filed his return of income for the year under consideration. In order to fortify his aforesaid contention the Ld. AR had taken us through the copy of the original return of income which was filed by the assessee for year under consideration A Y 2012-13, Page 32-33 of APB. Considering the fact that the assessee has assailed the validity of jurisdiction that was assumed by the A.O for taking recourse to proceedings u/s.147 of the Act, the Ld. Departmental Representative (for short DR) was dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore reason to believe that income chargeable to tax has escaped assessment for the A.Y 2012-13 as per explanation 2(a) of section 147 of the IT Act. Issue notice u/s.148 of the I.T Act, 1961 for A.Y 2011-12. Sd/- ITO (Emphasis supplied by us) 8. Considering the aforesaid reasons on the basis of which the case of the assessee was reopened u/s.147 of the Act, we find, that as stated by the Ld. AR, and rightly so, the same are based on a fallacious and misconceived fact that the assessee had not filed his return of income for the relevant A.Y.2012-13. In our considered view the very basis for reopening of the case of the assessee by the A.O u/s.147 of the Act is clearly fallacious which proves beyond doubt a non-application o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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