9911796707
TMI Blog2025 (2) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... are set aside. Decided in favour of assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... iled to appreciate that assumption of jurisdiction in initiating the proceedings and passing re-assessment order and that too without complying with mandatory conditions as envisaged, is bad in law. Learned CIT(A) erred in not appreciating that assumption of jurisdiction and passing the impugned order is illegal. 5.1 Learned Authorized Representative for the appellant/assessee submitted that learned CIT(A) failed to appreciate that assessment order under section 143(3) of the Act was passed on 28.12.2011. Reasons for reopening at pages 51 to 58 of the paper book did not refer to the reasons to believe that any income chargeable to tax has escaped assessment for any assessment year. Hon'ble High Court of Delhi in the case of Wel Intertrade ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. The invocation of s. 147, the issuance of the notice under s. 148 and the subsequent order on the objections are all without jurisdiction. The impugned notice as well as the proceedings pursuant thereto are quashed.-Duli Chand Singhania vs. Asstt. CIT (2004) 188 CTR (P&H) 90: (2004) 269 ITR 192 (P&H) concurred with." 5.2 Learned Authorized Representative for the appellant/assessee also referred to the judgment of Hon'ble High Court of Bombay in the case of Hindustan Lever Ltd. vs. R. B. Wadkar reported in (2004) 268 ITR 0332 and (2004) 137 Taxman 0479. 6. Learned Departmental Representative for the Department relied on the discussion of learned CIT(A). 7. From examination of record in light of aforesaid rival contentions, it is cryst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missible. No additions can be made to those reasons. No inference can be allowed to be drawn based on reasons not recorded. It is for the AO to disclose and open his mind through reasons recorded by him. He has to speak through his reasons. It is for the AO to reach to the conclusion as to whether there was failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment for the concerned assessment year. It is for the AO to form his opinion. It is for him to put his opinion on record in black and white. The reasons recorded should be clear and unambiguous and should not suffer from any vagueness. The reasons recorded must disclose his mind. Reasons are the manifestation of mind of the AO. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
