9911796707
TMI Blog1982 (9) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... -sheet difference credited to the partners accounts amounting to Rs. 338. Subsequently, during the course of the proceedings for the asst. yr. 1975-76, the ITO found that the assessee has manipulated totals of the balance-sheet for the asst. yr. 1975-76. Totals for the asst. yr. 1974-75 were therefore rechecked by the ITO and it was noticed that the totals were not correct. In order to bring the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o reopen the same under s. 147 (a) when the assessee had failed to give correct and true particulars of his income in the original return. Without prejudice to this ground, it was also sought to be urged that the ld. AAC had omitted to consider that the ITO could validly reopen the assessment in view of s. 147 (b) and finally it is sought to be argued that since the AAC had ultimately modified the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, additional ground No. 1 as sought to be taken on behalf of the Revenue is permitted to be taken. 5. The assessee had filed balance-sheet alongwith original return of income on the basis of which the ITO found that there was a balance-sheet difference of Rs. 338 which he treated as assessee's income. During the course of the next assessment proceedings, however, the re-examined the balance-sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on that the AAC was fully justified in vacating the action under s. 147(a) on the ground that what the ITO had done was merely re-evaluation of the balance-sheet on record which was not permitted under s. 147(a). Since we are upholding the AAC's order vacating the action under s. 147(a), we see no reason to go into merits of the case.
7. In the result, appeal filed by the Revenue is dismissed. X X X X Extracts X X X X X X X X Extracts X X X X
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