9911796707
TMI Blog1987 (2) TMI 496X X X X Extracts X X X X X X X X Extracts X X X X ..... imated the turnover at a much higher figure. The assessee appealed to the Assistant Commissioner (Judicial) who remanded the case to the assessing officer. The Tribunal affirmed the order of the Assistant Commissioner (Judicial). The only question for consideration is whether the assessing officer validly exercised the jurisdiction under section 21 for making the reassessment. I have heard learned counsel for the parties. The contention of the assessee is that it was merely a change of opinion, and there was no discovery of any new facts warranting the invocation of jurisdiction under section 21 of the Act. The contention of the learned Standing Counsel is that in the original assessment order, the kiln was taken to have been closed only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urpose. The assessing officer has not given any reason, and the facts, which might have enabled him to come to the conclusion that due to suppression or non-disclosure of certain facts, the original assessment resulted into under-assessment. This being so, the initiation of reassessment proceedings cannot be said to be valid and no good reason has been given by the Tribunal to support the initiation of the reassessment proceedings. The approach of the Tribunal is that in the original assessment order, the assessing officer omitted to consider all important things, except the capacity. The reasoning given by the Tribunal cannot justify the initiation of the reassessment proceedings. The question before the assessing officer was as to what ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the stage of the original assessment. As already stated, assessment cannot be made at different stages but only once, unless the case is covered under section 21 of the Act. The approach of the Tribunal is that the assessing officer can furnish new reasoning and can consider all those matters which he would have considered at the stage of the original assessment. If this approach is endorsed, then it would mean that an assessment can be made at several stages by giving some of the reasonings and by considering some of the aspects of the case at one stage and some at the other stage. Such an approach has to be rejected. The revision is, therefore, allowed. The order of the Tribunal and the reassessment proceedings are set aside. Let a cop ..... X X X X Extracts X X X X X X X X Extracts X X X X
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