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Case Law Details

Case Name : Krown Agro Foods Pvt. Ltd Vs ACIT (Delhi High Court)
Appeal Number :  W.P.(C)--5330/2014
Date of Judgement/Order : 27/03/2015
Related Assessment Year :
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Brief of the case

In the beginning of February 2012, elections were to be held for the U.P. State Assembly, the Election Commission had issued instructions that if cash of more than Rs. 2,50,000/- was found with any person, the same may be seized and enquiry made whether this cash was for distribution amongst the voters. Shri A.K. Dhir was stopped by U.P. Police on the border of Delhi and U.P. and as cash of Rs. 5 lakhs was found, this amount was seized. His statement was recorded by DDI (Investigation-1) Ghaziabad before whom the relevant copies of the bank accounts and extract of cash books were produced.

Based on this information the AO suspected that there was escapement of income of Rs. 2 lakhs and issued notice for reassessment u/s/ 148.

Question of Law

Whether notice u/s 148 for reassessment can be issued based on mere suspicion and without sufficient material based on which “reason to believe” can be inferred?

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