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2016 (10) TMI 1237 - ITAT MUMBAIRe–opening of the assessment u/s 147 - addition u/s 14A - mere change of opinion - reopening on the basis of audited account of the assessee which were not only available at the time of original assessment - Held that:- This issue having already merged with the order of the Commissioner (Appeals) cannot be a subject matter of re–opening. Further, it is evident from the reasons recorded that the re–opening of assessment is on the basis of audited account of the assessee which were not only available at the time of original assessment but the Assessing Officer in the course of original assessment proceedings, had examined the accounts of the assessee and the nature of receipts and expenditure also. Therefore, the issue having already been examined at the time of original assessment and there being no fresh material before the Assessing Officer the re–opening of assessment on re–appreciation / reappraisal of the very same material considered at the time of original assessment amounts to re–opening on a mere change of opinion, hence, invalid. Further, from the office note available in the assessment order it appears that the assessment was re–opened only due to the revenue audit objection. Therefore, there is also lack of application of mind by the Assessing Officer while recording reasons for re–opening of assessment and on this count also, the re–assessment is invalid. Thus, no reason to interfere with the order of the learned Commissioner (Appeals) on the issue. - decided against revenue
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