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TMI Blog2021 (9) TMI 667X X X X Extracts X X X X X X X X Extracts X X X X ..... the objection of the petitioner against the recorded reason for reopening of assessment under Section 147 of the Act and subsequent notice under Section 142(1) of the Act. The petitioner submits that one of the criteria of reopening of assessment under Section 147 of the Act that is, omission or failure on the part of the assessee to disclose fully and truly his income in course of regular assessment has not been fulfilled and secondly, that the reason recorded shows that the Assessing Officer concerned himself has recorded that it was true that the assessee had filed copy of accounts along with required materials with the return of income to complete the assessment where various information/materials were disclosed. Yet the Assessing Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its judgement dated 29th March, 2019 in ITA No.1876/KOL/2017 holding against the Revenue and in favour of the assessee and which has been further challenged by the Revenue before this Court by way of Appeal under Section 260A of the Income Tax Act, 1961 and the same has been admitted by the order dated 29th August, 2019 in ITA No.112/2019 G.A. No. 2044/2018 (Principal Commissioner of Income Tax-2, Kolkata vs. National Insurance Co. Ltd.) and the same is pending without any interim order. Petitioner has also contended that the aforesaid order of the Tribunal where the same issue has been held in favour of the assessee, was relied upon by the petitioner in his objection filed against the recorded reason but the Assessing Officer in his impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rpose and only to the extent to reconsider the aforesaid judgment of the Tribunal on the issue in question in the case of Deputy Commissioner of Income-tax, Circle-6, Kolkata Vs. National Insurance Co. Ltd. reported in (2016) 72 taxmann.com 116 (Kolkata-Trib.) and also the contention of the petitioner about the change of opinion and pass a fresh speaking order after giving opportunity of hearing to the petitioner or his authorised representative within four weeks from the date of communication of this order. The subsequent proceeding under Section 147 of the Act will depend upon the fresh order to be passed by the respondent-Assessing Officer concerned after considering the aforesaid judgment of the Tribunal. Since this writ petition has b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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