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TMI Blog2014 (1) TMI 1318X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 143(1) can cause to the tax regime -There is no whisper in the reasons recorded, of any tangible material which came to the possession of the assessing officer subsequent to the issue of the intimation. It reflects an arbitrary exercise of the power conferred under section 147 - Even if there is no regular assessment, the review of the earlier proceedings is not possible - original assessment was completed under Section 143(3) and during the course of assessment proceedings, the Assessing Officer examined the aspect of sponsorship expenditure – Decided against Revenue. - ITA No.496/Del/2010 - - - Dated:- 2-8-2013 - Shri G. D. Agrawal And Shri I. C. Sudhir,JJ. For the Appellant : Shri Ramesh Chandra, CIT-DR. For the Responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bove discussions and decisions, I agree with the contention of the appellant raised through these four grounds that in the instant case also where reopening of the assessment has been done purely based on the change of opinion and therefore reassessment proceedings have to be held to be invalid. The first four grounds are, therefore, decided in favour of the appellant." 4. The Revenue, aggrieved with the order of learned CIT(A), is in appeal before us. 5. At the time of hearing before us, it was pointed out by the assessee's counsel that the assessment has been reopened only on the ground that the sponsorship expenses incurred by the assessee were not for regular running of the business and should have been capitalized. That during the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he meaning of section 147(b) of the IT Act, 1961." 8. However, we find that during the course of assessment proceedings, the Assessing Officer had raised a query in this regard and the assessee had furnished the reply thereto on 6.10.2005. Therefore, the aspect of the sponsorship expenses was duly examined in original assessment proceedings. Even from the reasons recorded for reopening of assessment, it is evident that the Assessing Officer noticed about the sponsorship expenses from the material already on record taken during the original assessment proceedings. Therefore, clearly, the reopening of assessment is on the basis of change of opinion by the Assessing Officer. We find that in a recent decision, Hon'ble Jurisdictional High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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