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TMI Blog2015 (9) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee to disclose fully and truly all material facts necessary for the assessment. In the present case, it is established that the requirement of first proviso to section 147 are not being complied with and therefore, the re-opening after four years is not valid. Therefore, we uphold the finding of the ld.CIT(A) regarding annulment of the assessment. - Decided against revenue. - ITA No. 742/Ahd/2013 & CO No. 116/Ahd/2013 - - - Dated:- 16-9-2013 - SHRI MUKUL Kr. SHRAWAT, SHRI A.K. GARODIA, JJ Revenue by: Shri J.P. Jangid, Sr.D.R. Assessee by: Shri Rasesh Shah PER SHRI A.K.GARODIA ACCOUNTANT MEMBER: This is an appeal filed by the Revenue, and the Cross Objection is filed by the Assessee. These are directed aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of re-assessment is confirmed by the Honourable Tribunal in appeal filed by revenue, the CIT(A) may please be directed to decide the above unadjudicated grounds. 2. First, we take up the appeal filed by the Revenue, i.e. ITA No.742/Ahd/2013. 2.1. Apropos to Ground No.1 of Revenue s appeal, the ld.DR of the Revenue supported the order of the assessment order, whereas the ld.AR of the Assessee supported the order of the ld.CIT(A). 3. We have considered the rival submissions. We find that the assessment was annulled by the ld.CIT(A) on this basis that as per the reasons recorded by the Assessing Officer for re-opening the assessment u/s.148 of the IT Act, 1961, this is not the allegation of the AO that there is failure on the part o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there was nay failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment. In the present case, it is established that the requirement of first proviso to section 147 are not being complied with and therefore, the re-opening after four years is not valid. Therefore, we uphold the finding of the ld.CIT(A) regarding annulment of the assessment. 4. Since, the assessment itself is annulled by the ld.CIT(A) and his order on this aspect has been upheld by us in above paragraph, other grounds raised by Revenue in its appeal and the grounds raised by the assessee in its Cross Objection do not call for any adjudication. 5. In the result, appeal of the Revenue and Cross Objection filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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