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TMI Blog1996 (5) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... is bad in law : (ii) the Tribunal is justified in law and supported by materials in holding that the reopening of the assessment is purely on the basis of a reappraisal of the same material ? " The learned senior tax counsel introduced the facts that the assessee Chandrika Educational Trust, Municipal Office Road, Irinjalakuda---for the year 1974-75, came to be assessed for total income of Rs. 23,980. This was on the basis of grant of exemption under section 11. During the subsequent year 1976-77, the Income-tax Officer found that this was a wrong assessment and the assessee had escaped assessment. By the order dated February 18, 1980, the assessment was reopened on the basis of the following factual positions. The Income-tax Officer has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sised, exceeded 5 per cent. of the capital of these concerns. In the teeth of these details floating on the surface of the order of the Income-tax Officer, further reinforced by a similar situation in the assessment proceedings, the appellate authority--Commissioner of Income-tax (Appeals), Calicut--observing that the entire information was available with the Income-tax Officer while making the original assessment and no fresh information had come to his possession thereafter, termed the process of reopening as redundant. Carefully and with concern reading the appellate order (annexure " C " at page 9) not only the careful and cautious order of the Income-tax Officer is referred to, as specified hereinbefore, even the similarity of paralle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e itself. Since the observation in the impugned order of the Tribunal requires factual clarification for understanding, the proper course would be to reproduce ground No. 2 which is hereinbelow : " The learned Commissioner of Income-tax (Appeals) has erred in cancelling the reassessment. He ought to have found that since the Income-tax Officer could inform himself from the material available on record as to the correct position of law or fact, the reopening of the assessment was valid. " It is impossible to spell out what has been spelt out therefrom by the Tribunal by way of a concession that the Income-tax Officer has all the materials before him. Reading the text of the ground reproduced hereinbefore, in our judgment, it cannot be said ..... X X X X Extracts X X X X X X X X Extracts X X X X
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