Case Law Details
Case Name : The Commissioner of Income Tax-V Vs Orient Craft Ltd. (Delhi High Court)
Appeal Number : ITA No. 555/2012
Date of Judgement/Order : 12/12/2012
Related Assessment Year :
Courts :
All High Courts Delhi High Court
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In the present case the reasons disclose that the Assessing Officer reached the belief that there was escapement of income “on going through the return of income” filed by the assessee after he accepted the return under Section 143(1) without scrutiny, and nothing more. This is nothing but a review of the earlier proceedings and an abuse of power by the Assessing Officer, both strongly deprecated by the Supreme Court in CIT vs. Kelvinator (supra). The reasons recorded by the Assessing Officer in the present case do confirm our apprehension about the harm that a less strict interpretation of the words “reason to believe” vis-à-vis an intimation issued under section 143(1) can cause to the tax regime. There is no whisper in the reasons recorded, of any tangible material which came to the possession of the assessing officer subsequent to the issue of the intimation. It reflects an arbitrary exercise of the power conferred under section 147.
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 12th December, 2012
ITA No. 555/2012.
ITA No. 555/2012.
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