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TMI Blog2019 (7) TMI 441X X X X Extracts X X X X X X X X Extracts X X X X ..... IVAGNANAM, J. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 (for short, the Act), is directed against the order dated 20.12.2018 passed by the Income Tax Appellate Tribunal, Chennai 'D' Bench (for brevity, the Tribunal) in ITA No.2032/Chny/2018 for the assessment year 2003-04. 2. The Revenue has filed this appeal by raising the following substantial que ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as an expenditure without taking cognizant of the fact that the assessee has not established any nexus between the expenditure and the income earned to allow such deduction under Section 37 of the Income Tax Act ?" 3. We have heard Mrs.R.Hemalatha, learned Senior Standing Counsel appearing for the appellant and Mr.A.S.Sriraman, learned counsel accepting notice for the respondent. With consent, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in (2015) 373 ITR 681]. 5. Mr.A.S.Sriraman, learned counsel appearing for the respondent would submit that there are several decisions in favour of the assessee and that it can be clearly brought out that reopening of assessment was a clear case of change of opinion. 6. In order to test the correctness of the submissions made on either side, we have carefully perused the assessment order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of assessment being a mixed question of law and fact, the same can very well be entertained by the CIT(A). Even before the Tribunal, we find that the respondent/assessee did not specifically contest the reopening proceedings by placing decisions nor there was any contest with regard to the stand taken by the Revenue that only intimation under Section 143(1) of the Act was issued and that no ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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