2021 (7) TMI 173

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..... disposed of in a meaningful manner, in view of the fact that the reopening procedures in the present case falls beyond the period of four years and within six years. Thus, the ingredients contemplated in the proviso clause is to be complied with. Thus, the consideration of objections and the findings for reopening are of vital and in the absence of any reasons, one cannot form an opinion that reopening of assessment is made with reference to the conditions stipulated in the proviso clause to Section 147 - Conditions under the provisions are mandatory. In order to establish the compliance of conditions, the authority competent must provide reasons, stating that the conditions stipulated in the proviso clause has been complied with. Thus, a n .....

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..... .2009 and the case was selected for scrutiny by the respondent and referred to the Transfer Pricing Officer under Section 92CA of the Act. The petitioner submitted the audit reports to substantiate its claim for the deduction under Section 10A of the Act. The details sought for were also produced and acknowledged by the respondent. After considering all the documents as well as the informations provided by the petitioner, the Transfer Pricing Officer passed his order and communicated the same to the Assessing officer, who in turn, completed the assessment under Section 143(3) of the Act and passed the assessment order on 13.03.2013, accepting the income returned by the petitioner. While so, the respondent re-opened the assessment and a Noti .....

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..... , reasons are furnished for reopening of assessment. The objections are to be disposed of in a meaningful manner, in view of the fact that the reopening procedures in the present case falls beyond the period of four years and within six years. Thus, the ingredients contemplated in the proviso clause is to be complied with. Thus, the consideration of objections and the findings for reopening are of vital and in the absence of any reasons, one cannot form an opinion that reopening of assessment is made with reference to the conditions stipulated in the proviso clause to Section 147 of the Act. Conditions under the provisions are mandatory. In order to establish the compliance of conditions, the authority competent must provide reasons, statin .....

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