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2015 (6) TMI 283 - AT - Income TaxReopening of assessment - assessee challenged the issue of notice u/s.148 in respect of assessment completed u/s. 153A - Held that:- Proceeding initiated u/s. 153A for all six years shall become a subject matter to assessment u/s.153(A) of the Act and the Assessing officer shall have freehand, on assessment, only on the proceeding that are pending to frame the assessment afresh. But in the case where the proceedings have reached finality, the assessment u/s.153A r.w.s.143(3) and where certain material document have been found indicating undisclosed income, the addition shall have to be restricted to those documents or incrementing documents, clubbed only to assessment framed originally. As law does not permit the Assessing Officer to disturb already concluded assessment, whether on the date of intimation of search u/s.132 or requisition of books, no proceedings is pending in the search, materials found indicating incrementing materials, the Assessing Officer engrosses a jurisdiction where he has clubbed two sets of income, return income and unearthed income, had arrived at the total income. Thereafter, if he had a reason to believe the said assessment can be re-assessed u/s.148 of the Income Tax Act as discussed in the earlier paras so as to reopen the assessment, there should be sufficient materials. There is no arbitrary power to the Assessing Officer to reopen on the basis of change of opinion. In the present case we have gone through the reasons for reopening of assessment. It cannot be proper reason to reopening. The Assessing Officer has no power to review his own order. The re-assessment has to be made on fulfillment of certain free condition and if the concept stating ‘'change of opinion" is removed in the graph of re-assessment or/of assessment, redo take place. Once again treat the concept of change of opinion inbuilt test to check to abusive power by Assessing Officer. Hence, the Assessing Officer has power to reopen, provided there is ‘tangible material" to come to the conclusion that there is escapement of income from assessment. The reason must have live link with the foundation of belief. In the present case, the Assessing Officer considered seized material No.136 in annexue NSK/B & D/S dated 20.02.2008 and also seized material document NSK/B & D/S dated 20.02.2008 while framing original assessment and arrived the value of property at ₹ 1,56,65,000/-. Thereafter, the Assessing Officer considered the same seized material to arrive the value of sale property at ₹ 1,81,27,940/- which is not possible. Hence, in our opinion, the reassessment is only on change of opinion which cannot be permitted. Thus the Commissioner of Income Tax (Appeals) has taken correct view in annulling of the re-opened assessment order. - Decided in favour of assessee.
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