9911796707
TMI Blog2024 (12) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... inst the order of ld. CIT(Appeals) upholding the assessment order passed under section 147 read with section 144B of the Act dated 24th March, 2022 while ignoring the fact that the reopening was made in violation of 1st proviso to section 147 of the Act. 3. The facts in brief are that the assessee filed the return of income on 16.03.2016 declaring total income of Rs. 17,05,420/-. The case of the assessee was selected for scrutiny and accordingly the assessment was framed under section 143(3) vide order dated 22.12.2017 accepting the returned income. Thereafter the ld. Assessing Officer reopened the assessment under section 147 by issuance of notice under section 148 of the Act on 31.03.2021after receiving information from the DDIT(Inv), Un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 23 dated 26th September, 2023. 6. The second plea taken by the assessee against the invalid reassessment is that the case of the assessee was reopened after a period of four years from the end of the relevant assessment year. The ld. A.R. submitted that the assessment was framed under section 143(3) vide order dated 22.12.2017, which was also stated by the ld. Assessing Officer in paragraph no. 1 of the impugned assessment order. The ld. A.R. stated that the reopening in the instant case could only be made subject to the satisfaction of the condition as enumerated in the 1st proviso to section 147 of the Act, which provides that where the assessment has been framed under section 143(3) and a period of four years had elapsed from the end of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l of the assessee. 7. The Ld. D.R on the other hand relied heavily on the order of authorities below by submitting that the reopening has been made by the AO on the basis of information received from DDIT(Inv), Unit-2(1), Kolkata and therefore the legal issue raised by the assessee may kindly be dismissed. 8. After hearing the rival contentions and perusing the material on record, we note that in this case the assessment was framed u/s 143(3) vide order dated 22.12.2017. The reopening was made u/s 147 of the Act by issuing notice u/s 148 of the Act on 31.03.2021 after the AO received information from DDIT(Inv), Unit-4(1), Kolkata. Therefore, the reopening can only be made subject to the satisfaction of the conditions as provided in first ..... X X X X Extracts X X X X X X X X Extracts X X X X
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