TMI Blog2014 (11) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... ch comes to his notice during the course of the proceedings for reassessment u/s 148 of the Act - The provision nowhere postulates or contemplates that the AO cannot make any additions on any other ground unless some addition is made on the ground on which reassessment had been initiated – the decision in CIT v. Shri Ram Singh [2008 (5) TMI 200 - RAJASTHAN HIGH COURT] is distinguished as being decided prior to the insertion of Explanation 3 to section 147 of the Act - thus, the order of the Tribunal is set aside – Decided in favour of Revenue. - ITA No.505 of 2009 (O&M) - - - Dated:- 17-7-2014 - MR. AJAY KUMAR MITTAL AND MR. JASPAL SINGH, JJ. For the Appellant : Mr.Dinesh Goyal, Advocate For the Respondent : Mr. Pankaj Jain, S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income chargeable to tax, which escaped assessment and came to the notice of the Assessing Officer during the course of the proceedings under section 147 ? (iii) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law to conclude that the proceedings under section 147 were vitiated though there was no challenge to the reopening proceedings at the instance of the assessee ? 3. A few facts relevant for the decision of the controversy involved, as narrated in I. T. A. No. 505 of 2009 may be noticed. The assessee is a private limited company. It filed regular return of income on November 30, 2000, for the assessment year 2000-01 declaring a net taxable income of nil , which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... annexure A.4, the Tribunal dismissed the appeal relying upon the decision of this court dated August 6, 2008, in I. T. A. No. 493 of 2007 in assessee's sister concern-Empire Finvest-for the assessment year 199697. Hence, the instant appeals by the Revenue. 4. Learned counsel for the Revenue submitted that the Tribunal had erred in quashing the proceedings under section 147/148 of the Act. It was argued that the issue raised herein stands decided in favour of the Revenue by the judgment of this court in Majinder Singh Kang v. CIT (I. T. A. No. 421 of 2010, decided on September 13, 2010) [2012] 344 ITR 358 (P H). It was submitted that special leave petition against the said judgment was also dismissed by the apex court bearing Special ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of section 148. 7. This court in Majinder Singh Kang's case (supra), considering the scope of Explanation 3 to section 147 of the Act held that the Assessing Officer is empowered to make additions even on the ground on which reassessment notice might not have been issued where during the reassessment proceedings, he concludes that some other income has escaped assessment which comes to his notice during the course of the proceedings for reassessment under section 148 of the Act. The provision nowhere postulates or contemplates that the Assessing Officer cannot make any additions on any other ground unless some addition is made on the ground on which reassessment had been initiated. Special Leave Petition (Civil) No. 13028 of 2011 ag ..... X X X X Extracts X X X X X X X X Extracts X X X X
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