9911796707
TMI Blog2014 (12) TMI 393X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner has urged that the proviso to Section 147 would be applicable. The said proviso requires, inter alia, the following conditions to be fulfilled before the assessment can be reopened beyond the said period of four years:- (a) the assessee has failed to fully and truly disclose all material particulars necessary for his assessment; and (b) because of such failure income has escaped assessment. 2. According to the learned counsel for the petitioner, there is no failure on the part of the assessee / petitioner in disclosing all the material particulars. Furthermore, it is contended that the reopening is premised on a mere change of opinion which is also not permissible. 3. Alongwith the notice dated 26.03.2014, the recorded reasons for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT is required before issue of notice u/s 148 of IT Act as per provision of Section 151(1) Income Tax Act. File is submitted for kind approval of the CIT-XII, New Delhi in the aforesaid case before reopening the case u/s 147." The petitioner filed objections on 02.05.2014 which were considered and rejected by the Assessing Officer by an order dated 09.05.2014. The petitioner is aggrieved by the said notice dated 26.03.2014 and the rejection order dated 09.05.2014. 4. The learned counsel for the department / revenue defended the action taken by the Assessing Officer. She reiterates the stand taken in the counter affidavit and submits that this is a fit case for reopening of assessment. 5. Having considered the arguments advanced by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d for by your honour along with the confirmations of balances from the parties are enclosed. Reason for Difference in gross receipt: Your good self asked to prepare a reconciliation explaining the difference in the amount as per TDS certificates and the amount shown as turnover in the profit and loss account. In this regard we explain that the amount shown in the TDS certificates are inclusive of all taxes like Service Tax, Works Contract Tax, VAT/ CST whereas the amount taken as turnover in the profit and loss account is exclusive of all taxes. The taxes appearing on the bills are accounted as liability and hence appears in the balance, if remains payable. Further in case there is some recovery on account of freight / Octroi etc that will ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts (S K Saini)" It is evident from the above extract that the very same difference which is sought to be made the subject matter of the reasons for initiating an action of reassessment was in contemplation of the Assessing Officer at the time of the original assessment and a full reply had been given by the petitioner's Chartered Accounts reconciling the differences pointed out by the Assessing Officer. Thereafter, the Assessing Officer in the assessment order dated 30.03.2008 had not made any additions after, apparently, being fully satisfied by the reply submitted on behalf of the petitioner / assessee. It is, therefore, clear that the attempt to reopen the assessment on this ground would be nothing but an attempt at changing the earlier ..... X X X X Extracts X X X X X X X X Extracts X X X X
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