Law:

Section:

Section 147, read with section 148, of the Income-tax Act, 1961 - Income escaping assessment - General - Assessment years 1955-56 to 1967-68 - Whether assessee cannot compel Income-tax Officer to disclose all materials which formed basis of notice under section 148 before he files his return in pursuance of notice, as proceedings before commencement of reassessment is only administrative in character - Held, yes - Whether if at least one of grounds in respect of each of years is such as to lead to prima facie and reasonable belief that income has escaped assessment in that year by reason of non-disclosure of primary facts by assessee, jurisdiction of Income-tax Officer to initiate reassessment proceedings under section 147(a) cannot be successfully questioned - Held, yes - Whether where materials in respect of all items in question were before Income-tax Officer at stage of assessment and it was not alleged that any material relevant to these items had been kept back by assessee at that stage, there was no question of non-disclosure of primary facts by assessee so as to attract section 147(a) - Held, yes Words and phrases : Words 'reason to believe' as occurring in section 147 of the Income-tax Act, 1961. FACTS While completing the assessments for the assessment years 1962-63 to 1967-68, the respondent ITO in his assessment order had specifically found that 75% of the income of the petitioner trust had been utilised for the recognised charitable purpose, namely education. A notice under section 143(2) was issued to the petitioner to produce its books of account for the assessment year 1968-69. The ITO also sent a notice under section 142(1) requiring the petitioner to produce its books of account for the assessment years 1965-66 to 1967-68. In compliance with the said notices, the petitioner produced the account books. The ITO immediately impounded the said account books. On the same date the ITO issued summons under section 131 for the production of the books of accounts relevant for the assessment years 1962-63 to 1964-65. The petitioner immediately filed writ petition questioning the validity of the said summons issued under section 131. Pending writ…

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