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TMI Blog2015 (12) TMI 773X X X X Extracts X X X X X X X X Extracts X X X X ..... the fact that the amount has already been offered to tax and tax had been paid and yet, in the order disposing of the objections, the AO is completely silent as regards this objection. The Court is of the view that notwithstanding several decisions of the Supreme Court as well as this Court clearly enunciating the legal position under Section 147/148 of the Act, the reopening of assessment in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 769/2015 3. These appeals by the Revenue under Section 260A of the Income Tax Act, 1961 ( Act‟) are directed against a common order dated 17th February 2015 passed by the Income Tax Appellate Tribunal ( ITAT‟) in ITA Nos. 4135/Del/2010 and 4134/Del/2010 for the Assessment Year ( AY‟) 2002-03. 4. Although the Assessees in both the appeals are different, the issue invol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 22nd September 2015 in ITA No. 356 of 2013 (CIT v. Multiplex Trading Industrial Co. Ltd.), clearly stated in cases where reopening of assessment is beyond four years from the end of the relevant assessment year the condition that there has been a failure on the part of the Assessee to truly and fully disclose all material facts must be concluded with certain level of certainty. 6. Secondl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impose heavy costs on the Revenue for filing such frivolous appeals but declines to do so since the appeals are being dismissed ex parte. However, the Court directs the Revenue through the Principal Chief Commissioner of Income Tax (Pr CIT) to issue instructions to the AOs to strictly adhere to the law explained in various decisions of the Supreme Court and the High Court in regard to Sections 147 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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