Allowing the petition the court held that ,the basic condition precedent of ‘reason to believe’ applies even to S.. 143(1) intimations. If the assessee claims the facts recorded in the reasons are not correct, the order on objection must deal with them. Otherwise an adverse inference can be drawn against the revenue.( WP No. 3344 of 2018, dt. 10.01.2019)(AY.2011-12 ]
Ankita A. Choksey v. ITO ( 2019) 411 ITR 207 (Bom)(HC), www.itatonline.org
S. 147:Reassessment- With in four years-Intimation- Wrong recording of reasons – order on disposal of objections must deal with the objection- The mere fact that the return is processed u/s 143(1) does not give the AO a carte blanche to issue a reopening notice-.Reassessment notice is quashed [ S.143(1), 148 ]