Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (1) TMI 232 - AT - Income TaxReopening of assessment - date of issue of notice u/s 148 - Held that:- Since the order sheet of the assessment record, the despatch register clearly shows that the date of issue of notice was 31.03.2013, we hold that the notice u/s 148 was issued on 31.03.2013. Since the assessment is reopened within 4 years from the end of the relevant assessment year, the assessing officer has rightly reopened the assessment with the approval of the Addl. Commissioner of Income Tax. Therefore, we set aside the order of the Ld. CIT on this issue and allow the appeal of the revenue. Revenue's appeal on this issue is allowed. Change of opinion - Held that:- On verification of the assessment order passed u/s 143(3) dated 24.10.2010, there is no whisper with regard to non submission of any of the details called for by the assessing officer. Therefore, there is no failure on the part of the assessee w.r.t. submission of the details and having submitted the details by the assessee, it is presumed that the assessing officer has verified the same and completed the assessment. There is no other fresh material available to the assessing officer. Since the assessee has furnished the details, and the assessing officer has reopened the assessment, on the basis of same information which was already examined by him and completed the assessment u/s 143(3), reexamination of the same material would amount to revision of the same issue and change of opinion. It is settled issue that to reopen the completed assessment, tangible material is required. If no new information is available to the assessing officer, assessments already completed cannot be reopened merely because of suspicion or surmises. Therefore, we agree with the Ld.CIT(A) that the assessment is reopened on mere change of opinion but not on any fresh information and there is no tangible material available to the department. Accordingly, we uphold the order of the Ld.CIT(A) and dismiss the appeal of the revenue on this ground. - Decided against revenue
|