9911796707
TMI Blog2014 (3) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... ee’s contentions, the objections of the Revenue is upheld - the order of the CIT(A) set aside – the matter remitted back to the CIT(A) for fresh consideration – Decided in favour of Revenue. - ITA.No.1419/Hyd/2013 - - - Dated:- 28-2-2014 - Shri B. Ramakotaiah And Smt. Asha Vijayaraghavan,JJ. For the Petitioner : Mr. P. Somasekhar Reddy For the Respondent : Mr. Rony Antony Mr. Sridhar Purohit ORDER Per B. Ramakotaiah, A. M. This is a Revenue appeal against the Orders of the CIT(A)-IV, Hyderabad dated 01.08.2013. The Revenue has raised the following ground : 2. The learned CIT(A) ought to have upheld the assessment as it was reopened within four years from the end of the relevant assessment year and the con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the company against the reasons for reopening the assessment for A.Y. 2007-08. 3. On the facts and in the circumstances of the case, the learned A.O. failed to appreciate the fact that, fresh notice u/s 148 of the Act is required to be issued where the Ld. A.O. intends to consider any new item of income escaping assessment noticed during the course of reassessment proceedings. 4. On the facts and in the circumstances of the case, the learned A.O. in interpreting explanation 3 to sec. 147 of the Act vis- -vis judicial precedents on the same. 3. While adjudicating the above grounds, the learned CIT(A) considered that proviso to section 147 will apply to the facts of the case and allowed the first ground of appeal. The order of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. Ld. Counsel however, defended the order of the CIT(A) while admitting that the reason given by the CIT(A) is not applicable on the facts of the case but there are other reasons to cancel the reopening. 6. Without going into the merits of the issue of reopening by the A.O. under section 147, we are of the opinion that the order of the CIT(A) is not correct on the facts of the case as the proviso to section 147 can only be invoked in a case where the assessment has been reopened after the end of four years from the end of the A.Y. The relevant proviso to section 147 is as under : Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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