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TMI Blog2018 (2) TMI 982X X X X Extracts X X X X X X X X Extracts X X X X ..... at basis. The subsequent proceedings for reopening were held to be on change of opinion. There is also held that there was no new information or material. The Tribunal on this basis and after following the judgments of Delhi High Court in Madhukar Khosla v. Assistant Commissioner of Income Tax (2014 (8) TMI 568 - DELHI HIGH COURT) and Orient Crafts Ltd. (2013 (1) TMI 177 - DELHI HIGH COURT) rightly allowed the appeal on the ground that the Assessing Officer was not entitled to assume jurisdiction under section 147 of the Act in the absence of any new information or material. - Decided in favour of assessee - ITA No. 286 of 2016 (O&M) - - - Dated:- 12-2-2018 - MR. S.J.VAZIFDAR, CHIEF JUSTICE AND MR. AVNEESH JHINGAN, J. For The App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e original assessment order was under section 143(3). Paragraph-3 of the original assessment order reads as under:- Assessee derives transport commission income from his proprietorship concern M/s Nankana Sahib Roadlines for last 6 years. W.r.t. specific query regarding the exact nature of assessee s business raising during the course of assessment proceedings, vide written submissions dated 07.10.2010 and 21.10.2010 assessee pleaded as under:- That the nature of business of assessee is that he is transport booking agency and his job is to supply the trucks to the firms to transfer their stock from one place to another. So whenever firms demand for trucks then all the transporters give their bid for the least fare and if ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the balance amount of ₹ 20,000/- has to be received by the truck driver after delivering the goods to the destination in West Bengal. So from the decided commission, ₹ 500/- was received on the deal of transaction and the balance ₹ 5,00/- received after filing the income tax return and on receiving the excess TDS deducted by receiving the refund. 4. It is clear, therefore, that the Assessing Officer raised a specific query regarding the nature of the assessee s business and the same was answered in writing by the assessee. The nature of the transaction was spelt out in detail. On the basis thereof the assessee s contention that he was merely a commission agent was obviously accepted. The original assessment orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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