Law:

Section:

Section 147 of the Income-tax Act, 1961 - Income escaping assessment - Non-disclosure of primary facts - Assessment year 1995-96 - Assessing Officer disbelieving receipt of gifts claimed by assessee from certain persons reopened assessee's assessment - In reassessment Assessing Officer observing that there was nothing on record to show relationship between donor and donee, capacity of donor to make gifts and occasion therefor; and assessee failed to discharge onus to prove same, made addition of gifts - Tribunal opining that it is against human probability that a stranger is claimed to have made gifts when admittedly most of close relatives do not make any such huge gifts even if they are well off, upheld reassessment - Whether any substantial question of law arose out of Tribunal's order - Held, no ORDER M.M. Kumar, J. - This order shall dispose of ITA Nos. 571 and 574 of 2006. 2. Facts are being referred from ITA No. 571 of 2006. The assessee-appellant has approached this Court by filing aforementioned appeal under section 260A of the Income-tax Act, 1961, claiming that the following substantial questions of law would emerge out of the order dated 19-4-2006, passed by the Income-tax Appellate Tribunal, Chandigarh Bench (SMC), Chandigarh, in ITA No. 569/Chd./2005, in respect of assessment year 1995-96 :- "(a)Whether, on the facts and circumstances of the case, the ITAT was justified in confirming the action of authorities below by upholding the reopening of the assessment under section 148 of the Income-tax Act, 1961 as valid which finding of the ITAT is bad in law as there was no assessment completed in respect of the original return filed with the department nor there was any record or application (of) mind by the Assessing Officer ? (b)Whether, on the facts and circumstances of the case, the ITAT was justified in confirming the action of authorities below by upholding the action of the Assessing Officer in specific wherein the Assessing Officer has clearly defied the of the Hon'ble Supreme Court of India in the case of GKN Driveshafts (India) Ltd. v. ITO 259 ITR 19 wherein it has been clearly held that Assessing Officer cannot proceed with the assessment…

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