9911796707
TMI Blog2012 (3) TMI 334X X X X Extracts X X X X X X X X Extracts X X X X ..... the basis of this subsequent decision of the Tribunal unless the jurisdictional requirements in the proviso to Section 147 were fulfilled - it is evident that the Assessing Officer has transgressed the limits on his jurisdiction for seeking to reopen an assessment beyond a period of four years from the end of the relevant assessment year - Decided in favor of the assessee - WRIT PETITION NO.10957 OF 2011 - - - Dated:- 14-3-2012 - DR.D.Y. CHANDRACHUD M.S.SANKLECHA, JJ. Mr.Mihir C. Naniwadekar for petitioner. Mr.Vimal Gupta for respondent. ORAL JUDGMENT (PER DR.D.Y. CHANDRACHUD, J.) 1. Rule, returnable forthwith. Counsel appearing for the respondents waives service. By consent the petition is taken up for final he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to factory depending on the type and quality of raw material, machinery and process used. The objections have been rejected by the Assessing Officer with the following observations: Please note, on verification of your records for the year under consideration, melting loss claimed by you was found on higher side as compared to the rulings in that respect of the H ble Income-Tax Appellate Tribunal, Pune Bench, Pune, in their judgement passed in ITA No. 696/PN/2006 for A.Y.2001-02 in the case of Saroj Castings Pvt.Ltd., Kolhapur. Normal allowable melting loss was ruled out at 5.5%, whereas, in your case it was claimed at 7.24%. In view of this fact, it was concluded, to that extent the assessment framed on 31/10/2006 has escaped the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re must be a failure on the part of the assessee to state fully and truly all the material facts necessary for the assessment. There is no such allegation in the reasons which have been disclosed to the assessee. The Assessing Officer has purported to reopen the assessment only recording that according to him the melting loss of 7.24% which was claimed by the assessee is higher than what is found in a similar line of business. This ex facie would amount merely to a change of opinion. As regards the contention of the counsel appearing for the Revenue that there was no discussion in the original order of assessment under Section 143(3) on the aspect of melting loss, it is evident that when the claim of the assessee was accepted during the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o indicate that it was only the Revenue which was in appeal against the determination made by the Commissioner (Appeals) which was not challenged by the assessee. Hence, looked at from every perspective, it is evident that the Assessing Officer has transgressed the limits on his jurisdiction for seeking to reopen an assessment beyond a period of four years from the end of the relevant assessment year. Counsel appearing on behalf of the assessee has drawn the attention of the Court to the fact that on 21 December 2011, this Court while issuing notice to the respondents had passed an ad-interim order in terms of prayer clause (c) restraining the respondents from acting on the impugned notice or proceeding further by way of re-assessment for A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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