9911796707
TMI Blog2021 (4) TMI 738X X X X Extracts X X X X X X X X Extracts X X X X ..... vour of assessee. - I.T.A. No. 2418/Kol/2019 - - - Dated:- 16-4-2021 - Sri J. Sudhakar Reddy, Accountant Member And Sri Aby T. Varkey, Judicial Member Sh. Supriyo Pal, Addl. CIT, appeared on behalf of the Revenue Sh. A.K. Tibrewal, FCA, appeared on behalf of the Assessee ORDER Per J. Sudhakar Reddy , AM This is an appeal filed by the Revenue directed against the order of the Learned Commissioner of Income Tax (Appeals)-2, Kolkata, [hereinafter the CIT(A) ], passed u/s. 250 of the Income Tax Act, 1961 (the Act ), dated 30.08.2019 for the Assessment Year 2009-10. 2. The ld. CIT(A) has held that the re-opening of the assessment in this case is bad in law. This finding of the ld. CIT(A) is challenged before us ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Paper Book). The said Total Income inter alia included income from House Property of ₹ 2,46,23,873/-. 4.1. The reasons for re-opening are given in page-1 2 of the assessment order which is extracted for ready reference: On verification of records it was found that the assessee let out the house property Salarpuria Supreme at Varthur Hobli, Bangalore, on lease to two parties v.iz. Force Computers (India) Pvt. Ltd. and Winphoria Network (India) Ltd. The lease deed was executed in February 2005 with the concerned parties respectively. The lease was initially for a term of 5 years in both the cases commencing from 23.03.2005 and 20.04.2005 respectively with right to renewal for similar two successive terms. Clause 4 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment of income amounting to ₹ 2,01,10,040/-. Hence, ₹ 2,01,10,040/- has escaped assessment which may be brought under taxation by invoking the provisions of section 147 of the Income Tax Act. 4.2. The ld. CIT(A) at page-12 of his order observed as follows: Before passing the Assessment Order u/s 143(3} of the Act the AO had examined the appellant's claim of compensation receipt as capital receipt by asking explanation on 06/09/2011 as per certified copy of order sheet which is enclosed herewith. The appellant in response to the Ld. AO's query submitted the reply on 06/09/2011 (copies at pages no. 8 to 12 of the paper book). Thus, while passing his order u/s 143(3) of the Act on 08/12/2011 the Assessing O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contention that the Assessing Officer assumed jurisdiction u/s. 147 on the basis of the same set of materials brought on record in original assessment, without finding any fresh fact after completion of the original assessment proceeding. From the entry made on 06-09-2011, it would be found that the Authorised Representative filed all the details excepting the explanation regarding treatment of compensation, and for this purpose the hearing was adjourned to 13-09-2011. The next entry on 19-09-2011 inter alia reads that the Authorised Representative appeared and submitted the details asked for. In view of above, I am of the view that it is a case of change of opinion only and nothing else and I further held that a case cannot be re-open on t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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