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Documents citing The Commissioner Of Income Tax vs Shri Atul Jain [Along With Ita No. 1385 Of ... on 23 May, 2007

Anju Daruka,Burdwan vs Ito, Ward - 3(1),, Asansol on 1 April, 2025

The Assessing Officer has not even recorded his satisfaction about the correctness or otherwise of the information or his Page | 10 ITA No.2143/KOL/2024 Anju Daruka; A.Y. 2013-14 satisfaction that a case has been made out for issuing a notice under section 148 of the Act. Read in this light, what has been recorded by the Assessing Officer as his "reasons to believe" is nothing more than a report given by him to the Commissioner of Income-tax. As held by the Supreme Court in Chhugamal Rajpal [1971] 79 ITR 603, the submission of a report is not the same as recording of reasons to believe for issuing a notice. The Assessing Officer has clearly substituted form for substance and, therefore, the action of the respondent falls foul of the law laid down by the Supreme Court in Chhugamal Rajpal [1971] 79 ITR 603 which is clearly applicable to the facts of these appeals.
Income Tax Appellate Tribunal - Kolkata Cites 17 - Cited by 0 - Full Document

Hartron Sase Communications Ltd., New ... vs Dcit, Circle- 11(1), New Delhi on 18 October, 2023

13. Above noted conclusion gets support from the judgment of Hon'ble jurisdictional High Court of Delhi in the case of CIT vs. Insecticides (India) Ltd. (supra) wherein their Lordship by referring to its earlier judgments in the case of CIT vs. Atul Jain (supra) and Signature Hotels P. Ltd. (supra) held that where the information relied upon by the Assessing Officer for initiating proceedings u/s. 147 of the Act did not indicate the source of alleged unexplained credit and it is also not clear that the transactions were taken place with whom in that case there were absolutely no details available and the information supplied was extremely scanty and vague and in that light of the fact in view of said preposition initiation of proceedings u/s. 147 of the Act and issuance of notice u/s. 148 of the Act has to be held as not valid and sustainable being bad in law resulting in to inevitable invalidation of assessment order. Thus, we are inclined to hold that the Assessing Officer proceeded to initiate reassessment proceedings only on the basis of material received from search/survey authority of Jain Brothers without applying his mind to the report and other alleged documentary evidence and thus we 8 ITA No.1064/Del/2018 have no hesitation to hold that the Assessing Officer proceeded merely on basis of borrowed satisfaction and he had no factual information in his hand to have reason to believe that income had escaped assessment for AY 2009-10. Said conclusion leads to an inevitable invalidation of entire proceedings and consequent orders including reassessment order dated 28.03.2016 from A.Y. 2009-10 and consequently, we quash the same. Accordingly, grounds no. 1 & 2 of assessee are allowed.
Income Tax Appellate Tribunal - Delhi Cites 15 - Cited by 0 - Full Document

Faithful Dealer P. Ltd.,Kolkata vs I.T.O., Ward - 5(4),, Kolkata on 7 November, 2025

The Assessing Officer has not even recorded his satisfaction about the correctness or otherwise of the information or his satisfaction that a case has been made out for issuing a notice under section 148 of the Act. Read in this light, what has been recorded by the Assessing Officer as his "reasons to believe" is nothing more than a report given by him to the Commissioner of Income-tax. As held by the Supreme Court in Chhugamal Rajpal [1971] 79 ITR 603, the submission of a is not the same as recording of reasons to believe for issuing a notice. The Assessing Officer has clearly substituted form for substance and, therefore, the action of the respondent falls foul of the law laid down by the Supreme Court in Chhugamal Rajpal [1971] 79 ITR 603 which is clearly applicable to the facts of these appeals."
Income Tax Appellate Tribunal - Kolkata Cites 9 - Cited by 0 - Full Document
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