CONSULTING ENGINEERING CORPORATION INDIA Vs. JDIT
LAWS(IT)-2014-10-30
INCOME TAX APPELLATE TRIBUNAL
Decided on October 31,2014

Consulting Engineering Corporation India Appellant
VERSUS
Jdit Respondents

JUDGEMENT

Chandra Mohan Garg, Member (J) - (1.) THE above captioned appeals of the assessee as well as of the revenue have been preferred against the order of CIT(A) -XXIX, New Delhi dated 10.12.2008 for AY 2003 -04 and 2004 -05. Revised ground in ITA 1597/Del/2009 for AY 2003 -04 of the assessee "1. The assumption of jurisdiction under section 148 of the Income Tax Act, 1961 is without authority of law and is void.
(2.) THAT the LD. Assessing Officer has no valid material to assume jurisdiction under section 147 of the Income Tax Act, 1961 and consequentially reasons so framed is null, void and bad in law. In the absence of valid material available on record for formation of reason to believe that there has been an escapement of income by the LD. Assessing Officer the reopening is bad in law. That there was no reason to believe as contemplated under section 147 of the Income Tax Act, 1961 that income chargeable to tax had escaped assessment and hence the assessment as framed by the LD. Assessing Officer is not valid in law and deserves to be quashed.
(3.) THAT the reasons alleged to have been recorded are not based on facts but on suspicion which cannot be the foundation for formation of reason to believe as contemplated under the provisions of section 147 of the Income Tax Act, 1961 and hence the reopening is bad in law and reassessment as framed deserves to be quashed.;


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