9911796707
TMI Blog1999 (2) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... llows : "1. Whether, on the facts and in the circumstances of the case, the Tribunal having held that there was no case for reopening the assessment under section 147(a) of the Income-tax Act, 1961, on the reasons recorded, nor any cause for reopening of the assessment under section 147(b) of the Act on the reasons recorded on March 21, 1977, was justified in law in sustaining the reopening of assessment under section 147(b) of the Act on the reasons and grounds given in the order passed on appeal ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the reassessment proceedings initiated under section 147(a) of the Act by issue of notice dated December 31, 1976, under section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning of section 147(a) of the Act in so far as the assessee-company is concerned. In the course of the proceedings under section 147(a), the Income-tax Officer found that it could not be sustained under that sub-section and converted the same into a proceeding under section 147(b) and concluded the matter. The order of the Income-tax Officer was challenged before the Appellate Assistant Commissioner who set aside the same. But, on further appeal by the Revenue, the Tribunal modified the order of the Appellate Assistant Commissioner and permitted the Income-tax Officer to proceed afresh under section 144B of the Act. When the matter came before the High Court, the reference was answered in favour of the assessee and the order passed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the part of the assessee to make a return under section 139 as contemplated in clause (a) ; nor was there any information in the possession of the Assessing Officer obtained by him subsequent to the assessment order. Whatever information was necessary was already available to the Assessing Officer when the first assessment was made. The order passed by the Appellate Assistant Commissioner, in another case is not "information" within the meaning of the section. Hence, neither clause (a) nor clause (b) of the section would apply in this case. In the circumstances, it is unnecessary for us to consider the question whether a proceeding under section 147(a) could be converted into a proceeding under section 147(b) in the course of the proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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