2016 (6) TMI 201

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..... were already on record. There is no allegation that there was any failure on the part of the assessee to disclose fully and truly any material fact, necessary for the completion of assessment. Even, there is no such mention of any failure on the part of assessee to disclose any material fact in the notice dated 30.03.10 served on the assessee under section 148 of the Act. The AO in the reasons re .....

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..... assessee has agitated the impugned additions which have been made pursuant to reopening of the assessment under section 147 of the Act. At the outset, the Ld. A.R. of the assessee has stressed that the reopening in this case is bad in law. He has invited our attention to the opening lines of the assessment order wherein it has been specifically mentioned that the original assessment proceedings in .....

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..... the reopening of assessment was bad in law in view of the first proviso to section 147 of the Act. 3. We have considered the rival submissions and have also gone through the records. As per the provisions of section 147 of the Act, the Assessing Officer (hereinafter referred to as the AO) is authorized to reopen the assessment proceedings, if he has reason to believe that any income chargeable .....

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..... ment under Sub-section (3) of Section 143 or this section has been made for the relevant assessment year, no action shall he 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 such return under Section 13 .....

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..... 0 served on the assessee under section 148 of the Act. The AO in the reasons recorded has mentioned about the fact and circumstances already available on the record. The reopening in this case, thus, is hit by the 1st Proviso to section 147 of the Act as discussed above. 5. In view of the above, the very reopening in this case is bad in law and the same is set aside. In view of the setting asid .....

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