CHINTAN JADAVBHAI PATEL Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) By way of this petition under Art. 226 of the Constitution of India, the petitionerasessee has prayed for appropriate writ, direction and order to quash and set aside the impugned notice under Sec. 148 of the Income Tax Act, by which, the AO has sought to reopen the assessment for AY 2009-10 alleging inter alia that income chargeable to tax has escaped assessment within the meaning of Sec. 147 of the Income Tax Act.

(2.) The facts leading to the present petition in nutshell are as under:

(3.) It is vehemently submitted by Shri Tushar Hemani, learned counsel for the petitioners assessee that as such there is no tangible material available with the Assessing Officer to form reasonable belief that the income chargeable to tax has escaped assessment in the year 2009-10. It is submitted that formation of opinion by the Assessing Officer that income chargeable to tax in 2009-10 has escaped assessment is based on surmise and conjectures which cannot be the basis to reopen the assessment under Sec. 147 of the Act.