TMI Blog2013 (8) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... g with return of income. The assessment in this case was completed under Section 143(3) on 28-1- 2006 and the return was filed on 25-11-2003 originally. The case of the assessee does not fall under the exception clause provided under section 147(a), where the assessment can be reopened after four years, if the AO found that the assessee has not disclosed all the particulars of income completely and truly - This is not a case of the AO that the assessee has not disclosed fully and truly all materials facts in respect of income earned during the year - While computing the assessment, the block of assessment cannot be segregated - Following decision of Hindustan Lever Limited Vs. ACIT [2004 (2) TMI 41 - BOMBAY High Court] - Decided against Rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the contents of the miscellaneous application, the Tribunal recalled the order while deciding MA No.57/M/2013, vide order dated 28-6-2013. In this way, now the appeal of the department is fixed for hearing before me for deciding the same on merit. 6. Learned DR has strongly placed reliance on the order of the AO. Further reliance was placed on the decision of the Tribunal in the case of LKP Securities Ltd., decided in ITA No.638/M/2012, vide order dated 17-5-2013. 7. On the other hand, learned counsel of the assessee strongly placed reliance on the order of learned CIT(A) and on various case laws i.e. in the case of CIT Vs. Alom Extrusions Ltd., (2009) 319 ITR 306(SC) and various other details were submitted before the Tribunal during ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect to employees contribution also. Thus, the appeal of the department fails. 10. Now, I will take the appeal of the assessee i.e. ITA No.1142/M/2013. 11. The assessee is objecting in reopening of the assessment under Section 147/148 and confirming the addition of Rs.2,94,298/- out of depreciation on motor cars and not considering the facts of disallowance of Rs.11,85,253/- out of PF and ESIC on account of late payment which is not sustainable in view of the decision of the Hon'ble Supreme Court. 12. Learned counsel of the assessee stated that the reopening of the assessment after four years after completing the assessment under Section 143(3), is bad in law as there was no evidence that the assessee has not disclosed fully and truly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n clause provided under section 147(a), where the assessment can be reopened after four years, if the AO found that the assessee has not disclosed all the particulars of income completely and truly. The AO has noted in his reasons recorded that after going through the notes to accounts, it is found that the assessee has claimed excess depreciation on two items i.e. rental charges received through M/s Birla Global Finance Limited and depreciation on leased out vehicles to the M/s Birla Global Finance Limited and the assessee has not computed the income in accordance with the mercantile system. All these facts were before the AO while completing the assessment under Section 143(3) originally. The AO took a view that no addition is warranted o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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