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TMI Blog2015 (1) TMI 482X X X X Extracts X X X X X X X X Extracts X X X X ..... ed By R. Sudhakar, J.) Aggrieved by the order of the Appellate Tribunal in dismissing the appeal filed by it, the Revenue is before this Court challenging the said order by filing the present appeal by raising the following questions of law :- "1) Whether on the facts and circumstances of the case, the Tribunal was right in holding that the validity of reopening was not proper? 2) Whether the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee went on appeal before the CIT (Appeals), who confirmed the order of the Assessing Officer. Aggrieved against the said order, the assessee filed appeal before the Tribunal and the Tribunal, in its turn, took a different route in the matter and came to hold that in respect of the assessment year 2001-2002, reopening notice was issued on the assessee on 26.3.08 well after a period of four ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ided 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 be taken under this section after the expiry of four years from the end of the relevant assessment year, unless any income chargeable to tax has escaped assessment for such assessment year by reason of the failure on the part of the assessee to make a r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ur years and, therefore, bad and, accordingly, the appeal was allowed. 4. The above order of the Tribunal is challenged by the Department in the present appeal contending that for invoking proviso to Section 147, the pre-condition is that there should be an assessment under sub-section (3) of Section 143, which is absent in the present case and the Tribunal fell in error to come to the conclusion ..... X X X X Extracts X X X X X X X X Extracts X X X X
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