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TMI Blog2016 (4) TMI 1369X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that there is such failure to proceed under Section 147 - no substantial question of law - decided against revenue - ITA Nos./420/Mum/2014 And 3369/Mum/2015 - - - Dated:- 7-4-2016 - Sh Joginder Singh, Judicial Member And Rajendra, Accountant Member For The Revenue : Ms. Amrita Misra (DR) For The Assessee : Shri Niraj Sheth And Vallabh Gokhale (AR) Order u/s. 254(1)of the Income- tax Act , 1961(Act ) PER Rajendra A. M. - Challenging the orders dt. 18. 3. 2015 11. 11. 13 of CIT(A)-13 and CIT(A)-12 respectively, Mumbai, the assessee has filed the above mentioned appeals raising various grounds. As both the appeals are for the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in law. He referred to the cases of Hindustan Lever Ltd. (268 ITR339) and Bhor Industries Ltd. (267 ITR161). The Departmental Representative (DR) left the issue to the discretion of the Bench. 5. We have heard the rival submissions and perused the material before us. The undisputed facts of the case are that the case was re-opened beyond a period of four years, that the AO while recording the reasons had not mentioned that the failure of the assessee to disclose fully and truly the material facts has led to escapement of income. As per the established law this basic fact has to be mentioned by the AO whenever an assessment is reopened after a period of four years. We would like to reproduce the relevant portion of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld be entitled to proceed under s. 147. Respectfully following the above judgment, we hold that the reopening was not valid. Ground no. 1 is decided in favour of the assessee. As we have held that re-opening was invalid so we are not adjudicating the other grounds of appeal. ITA No. 420/Mum/2014: 6. The appeal in this matter is arising out of the order passed u/s. 154 on 11. 3. 2003. The assessee had filed a letter on 6. 3. 2013 and has requested the AO to rectify certain mistakes appearing in the order passed u/s. 143(3) r. w. s. 147 on 7. 2. 2013. Against the rectification order, the assessee preferred an appeal before the FAA, who dismissed the appeal. 7. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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