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Judgment
B.P. Jeevan Reddy, C.J.—By this application u/s 256(2) of the Income Tax Act, 1961, the applicant is asking this court to refer the following two questions :
"(1) Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was legally correct in holding that the initiation of proceedings u/s 147(a) was invalid ?
(2) Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was correct in quashing the assessment framed by the Income Tax Officer in this case by initiation of proceedings u/s 147(a) ?"
The main question is whether the initiation of proceedings u/s 147(a) was valid. It was held by the Tribunal that the initiation of proceedings was invalid, inasmuch as the assessee was not under an obligation to disclose the factum of gifts to his minor sons by a third party in the return filed by him. Since the gifts were made by a third party to the minor sons, we agree with the Tribunal that there was no obligation on the part of the assessee to disclose this fact in his return. Therefore, the case does not fall within the ambit of Section 147(a). It was never the case of the Department that there was any information on the basis of which it has been reopened. At this stage, it will not be proper, on the facts and circumstances of this case, to justify the notice u/s 147(1)(a).
The application is, accordingly, dismissed.