CHANDNI J. AHUJA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, a Chartered Accountant by profession, had filed return of income for Assessment Years 2010-2011, 2011-2012 and 2012- 2013. The return for all the three years were processed under Sec. 143(1) of the Income Tax Act, 1961 (the Act). Thereafter, petitioner received identically worded notices all dtd. 20/3/2015 for Assessment Years 2010-2011, 2011-2012 and 2012-2013 seeking to reopen the assessment of those years. The reasons in support of the impugned notices are also identical, except the years and figures vary. The reasons Gauri Gaekwad read as under :

(2.) Petitioner filed detailed objections dtd. 27/7/2015 which came to be rejected by an order dtd. 6/11/2015. In the order rejecting objections, it is recorded "...... the information received from CIB may not be genuine and therefore requires further investigation. These facts in itself are enough to form an independent belief to reopen the assessment ......". Therefore, we have to note that even in the order rejecting the objections itself there is an admission that information from CIB, based on which the notice under Sec. 148 of the Act has been issued, may not be genuine.

(3.) At this stage, petitioner filed the present petition which came to be admitted by an order dtd. 13/4/2016. The order reads as under :