Section 148 Notice based on Investigation report sustainable if AO enquired before issuing such Notice

Hemjay Construction Co. Pvt. Ltd. Vs ITO (Gujarat High Court) The issue under consideration is whether the re-opening of the assessment u/s 147 based on information from investigation report is justified in law? High Court states that having regard to the materials on record it cannot be said that there is a total non-application of mind on the part of the Assessing Officer while recording the reasons for reopening of the assessment. It also cannot be said that his conclusion was merely based on the observations and information received from the Investigation Wing. The Assessing Officer could ...