TMI Blog2022 (6) TMI 1116X X X X Extracts X X X X X X X X Extracts X X X X ..... o give a schematic interpretation to the words reason to believe , failing which, Section 147 of the Act would give arbitrary powers to the Assessing Officer to reopen the assessment on the basis of mere change of opinion , which cannot be per se reason to reopen. Reappraisal of same facts/documents/information means change of opinion. AO has no power to review his order. Order which has been passed purportedly without application of mind would itself confer jurisdiction upon the Assessing Officer to reopen the proceeding without anything further, the same would amount to giving premium to an authority exercising quasi-judicial function to take benefit of its own wrong. Thus alleged re-assessment proceedings are bad in law and liable t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paid. 5. That in the facts and circumstances of the case, the appellant craves leave to add, alter, modify and/or submit further or more ground(s) of appeal either before or at any time during the hearing of the appeal. 3. Through this appeal, the assessee has challenged the legality of the re-assessment proceedings u/s 147 of the Act and on merit has challenged the addition for cessation of liability at Rs. 50,46,367/-. Ld. Counsel for the assessee vehemently argued referring to the paper book filed dated 18.04.2022 containing 33 pages and ld. D/R argued supporting the orders of both the lower authorities. 4. We have heard rival contentions and perused the records placed before us. 5. We will first take up the legal issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 143(1)a of the Act. The Revenue authorities had a period of four years i.e. up to 31.03.2014 to re-open the proceedings so as to examine the issue of alleged amount not offered to tax but it was not done. 6. In the course of re-assessment proceedings also it was submitted by the assessee that due to clerical mistake the said amount was entered in wrong column of Schedule BP of the ITR and the said amount is write off of capital liability which is not chargeable to tax. 7. All these facts remain unrebutted and we, therefore, find that the re-opening of the assessee s case beyond four year from the end of the AY 2009-10 is not in accordance with law as there is no new material with the Revenue authorities which the assessee has not di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10. We, therefore, under these given facts and circumstances and respectfully following the judicial pronouncements referred above, are of the considered view that the alleged re-assessment proceedings are bad in law and liable to be quashed. We accordingly hold so and allow the legal grounds raised in ground nos. 1 2 of the assessee s appeal. 11. As far as the ground nos. 3 4 are concerned, the same are on merit and since we have quashed the re-assessment proceedings, dealing with the merits of the case, will be merely academic in nature. Therefore, we dismiss these grounds as infructuous. 12. Ground no. 5 is general in nature which needs no adjudication. 13. In the result, the appeal filed by the assessee is allowed. Kol ..... X X X X Extracts X X X X X X X X Extracts X X X X
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