Held, that under the guise of reopening of the assessment, the Assessing Officer wanted to make a roving inquiry. Even in the reasons recorded the Assessing Officer had specially mentioned that for the purpose of verification of the claim, it was necessary to reopen the assessment. Thus, it could not be said that the Assessing Officer had any tangible material to form an opinion that income chargeable to tax had escaped assessment and the action of reopening of the assessment in exercise of power under section 148 of the Income-tax Act, 1961 for the reasons recorded could not be sustained. Reassessment was quashed. (AY. 2007-08)
Sudhir Dalichand Jain v. ITO (2021)92 ITR 102 (Surat)(Trib.)
S. 147 : Reassessment-Investigation wing-Roving inquiry-Reassessment was held to be bad in law. [S. 143(3), 148]