TMI Blog2010 (10) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... d:- 14-10-2010 - ADARSH KUMAR GOEL, AJAY KUMAR MITTAL, JJ JUDGMENT Adarsh Kumar Goel J.- This order will dispose of I. T. A. Nos. 284, 285, 286, 287 and 288 of 2005 as common question relating to the validity of reassessment is involved. 2. In I. T. A. No. 284 of 2005, the assessee has raised the following questions of law : "(i) Whether in the facts and circumstances of the present case the action of the authorities below in initiating proceedings under section 147/148 of the Act in the absence of any new ground or reasonable cause, is legally sustainable in the eyes of law ? (ii) Whether in the facts and circumstances of the present case the action of the authorities below in holding proceedings under section 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e bonus and additional conveyance allowance. Later on, after reopening the assessment, the Assessing Officer disallowed the claim of rebate from incentive bonus and additional conveyance allowance in excess of the certified amount by the DDO of LIC of India, by placing reliance on the decisions of the jurisdictional High Court of Punjab and Haryana delivered in the cases of B. M. Parmar, Development Officer, LIC v. CIT reported in [1999] 235 ITR 679, in the case of CIT v. H. S. Sandhu reported in [1999] 237 ITR 167 (P H) and in the case of CIT v. Chaman Lal Chandok [2000] 241 ITR 442 (P H). 2.11 Upon reading of section 147 of the Act, we find that in view of Explanation 2(c)(i) wherein it has been clearly mentioned that where the income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the assessment reopened by the Assessing Officer and the additions made by framing the assessment under section 147 read with section 143(3) was valid and legal as it was based on the decisions (supra) of the jurisdictional High Court of Punjab and Haryana on the basis of which the claim already allowed by the Assessing Officer under section 143(1)(a) of the Act was required to be disallowed by the Assessing Officer by reopening the assessment under section 147 and passing an order under section 147 read with section 143(3) of the Act." 4. We have heard learned counsel for the parties. 5. Learned counsel for the assessee is unable to dispute that in view of the judgment of this court in Punjab Tractors Ltd. v. Joint CIT [2002] 254 I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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