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TMI Blog2018 (5) TMI 1376X X X X Extracts X X X X X X X X Extracts X X X X ..... st and the details of the same were filed with the AO at the time of assessment proceedings. We are of the view that the case of the assessee has wrongly been re-opened, which is beyond jurisdiction and not permissible as the same was done on the basis of same materials as was before the AO in the original assessment proceedings. - Decided in favour of assessee. - ITA No.395/Mum/2016 - - - Dated:- 15-5-2018 - Shri C N Prasad, Judicial Member And Shri Rajesh Kumar, Accountant Member For The Appellant : Shri Mani Jain For The Respondent : Shri M C Omi Ningshen ORDER Per Rajesh Kumar, Accountant Member The aforesaid appeal has been filed by the assessee against the impugned order dated 17.12.2015, passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessing Officer by recording the following reasons: On verification of records, it was observed that the assessee had debited an amount of ₹ 7,21,234/- on account of rent paid. However, no TDS was deducted on this amount by the assessee. Therefore, there is under assessment of ₹ 7,21,334/- which has resulted in short levy of tax of ₹ 2,42,767/- Assessee has credited ₹ 15,26,135/- on account of interest income instead gross interest of ₹ 16,43,904/- as reflected from TDS certificate furnished by the assessee. This has resulted in under assessment of ₹ 1,17,769/- involving notional tax effect of ₹ 39,641/- including surcharge and education cess. In view of the above, I believe th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ening the assessment and the observations reproduced by the CIT(A) in para 6.4 of the appellate order were exactly same as were raised before the Assessing Officer at the time or original assessment. The learned counsel submitted that the recording of reasons just on the basis of review is not a basis for re-opening/reassessment and, therefore, the same is bad in law. Alternatively, the learned AR submitted before us that the re-opening by the Assessing Officer is also a classical case of change of opinion as all the records as were referred to by the Assessing Officer and the reasons recorded as regards the TDS certificates were already placed before the Assessing Officer at the time of original scrutiny proceedings, which were examined an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le to tax. But in the present case, the case of the stands on a different footing as we observed from the record before us, that the assessee had already filed the TDS certificates in the original assessment proceedings before the Assessing Officer and the Assessing Officer has mentioned in para 4 that the details of TDS was called for and in para 5 its clearly mentioned that after verification of computation of income the assessment is framed. We noted that in the statement of total income, the assessee has claimed the TDS on interest and the details of the same were filed with the Assessing Officer at the time of assessment proceedings. Further, in assessee s own case for A.Y. 2006-07 and 2007-08 in ITA Nos. 2512 2513/Mum/2014, the co-o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of Kelvinator of India Ltd. (supra) and various other decisions. The decision relied upon by the Revenue in the case of ACIT vs. Rajesh Jhaveri Stock Brokers Pvt. Ltd. (supra) and Raymond Woollen Mills Ltd. (supra) do not come to the rescue of the Revenue as the same were distinguishable on facts and not applicable to the present case. In the case of Rajesh Jhaveri Stock Brokers Pvt. Ltd. the return was processed under Section 143(1) and no assessment was framed under Section 143(3) of the Act and the Hon'ble Apex Court has held that the failure to take steps under section 143(3) will not render the AO powerless to initiate reassessment proceedings. In the case of Raymond Woollen Mills Ltd. the facts were obtained by the Revenue f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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