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Documents citing Emirates Shipping Line, Fze vs Assistant Director Of Income Tax on 26 July, 2012

Rajnish Garg, Ludhiana vs Acit, C-6, Ludhiana on 5 August, 2022

In the above case, the Hon'ble Delhi High Court has categorically stated that under section 147 of the Act, it is the requirement that the Assessing Officer must record 'reason to believe'. This requirement mandates that the Assessing Officer must state in writing why and for what reason, i.e. cause or justification, he is invoking the power. The Hon'ble High Court further held that the reasons must satisfy the stipulation that the Assessing Officer should have formed a prima-facie belief that income has escaped assessment. In the instant case, the Assessing Officer proceeded on the premise that the asessee had made complaint to the SSP of Police, Ludhiana regarding Roka and Engagement functions solemnized on 29.8.2004 and expenditure of Rs.7 lacs was incurred on these functions. This observation is factually incorrect and it cannot be said that the Assessing Officer has formed a prima-facie belief that income has escaped assessment.
Income Tax Appellate Tribunal - Chandigarh Cites 20 - Cited by 1 - Full Document
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