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TMI Blog2010 (2) TMI 944X X X X Extracts X X X X X X X X Extracts X X X X ..... ch 16, 2009 – Held that:- If the Department had any grievance against the order of the Tribunal, the Department should have filed tax appeal before this court challenging the said order. It could not give any rise to the reopening of the assessment as there is no failure or omission on the part of the petitioner nor can it be said that there is change of opinion - Assistant Commissioner has no jur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on December 7, 2009. Pursuant to the notice, Mrs. Mauna M. Bhatt, learned standing counsel appeared and placed on record the affidavit-in-reply of the respondent. 4. Heard Mr. S. N. Soparkar, learned senior counsel appearing for the peti- tioner and Mr. M. R. Bhatt, learned senior counsel appearing for the respondent. 5. It is the case of the petitioner that the petitioner filed its origin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Income-tax passed an order on January 24, 2008, giving effect to the order passed by the Commissioner of Income-tax (Appeals) wherein he has observed that the unabsorbed loss/depreciation according to the books has already been exhausted in the assessment year 2003-04 only. There- fore, no unabsorbed loss/depreciation remains that can be reduced from the book profits for the computation under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 9100.10 lakhs, resulting in an underassess- ment of income of Rs. 1336.15 lakhs. The petitioner, vide his letter dated August 24, 2009, raised various objections, both on jurisdiction and merits and requested the respondent to drop the reassessment proceedings. The said objections were disposed of by the respondent, vide order dated November 16, 2009. The petitioner thereafter filed the prese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Department should have filed tax appeal before this court challenging the said order. It could not give any rise to the reopening of the assessment as there is no failure or omission on the part of the petitioner nor can it be said that there is change of opinion. 8. Since the learned Assistant Commissioner has no jurisdiction to reopen the assessment as the conditions precedent laid down un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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