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TMI Blog2023 (1) TMI 1390X X X X Extracts X X X X X X X X Extracts X X X X ..... through the reasons for reopening recorded the findings on fact that there was no allegation made by the assessing officer that there was failure on the part of the assessee to truly and validly disclose material facts necessary for the assessment - HELD THAT:- From the perused the reasons as evidently clear that material already available in the books of accounts have been re-apprised by the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Gangopadhyay , Adv. for the respondent ORDER GA/1/2022 The Court : - Heard respective Counsel for either side. There is a delay of 378 days in filing the appeal. From the relevant dates we find that the appellant department would be entitled to the benefit of the order passed by the Hon ble Supreme Court extending the period of limitation for filing appeal under various Statutes. Hence, for such r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in quashing the reopening of assessment order under section 148 of the Act as bad in law thereby deleting the addition made on the basis of disallowance of Rs.6,92,90,000/- claimed on account of Provision of VAT ? iii) Whether in the facts and circumstances of the case and in law the Learned Tribunal erred in holding that in the reason recorded for reopening there is no allegation of failure on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 21.1.2016 passed under Section 147 read with Section 154 and Section 143(3) of the Act. From the reasons it is evidently clear that material already available in the books of accounts have been re-apprised by the assessing officer and notice under Section 148 has been issued. The manner of such reopening has been frowned upon in several decisions as the fundamental principles of law is that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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