TMI Blog2015 (3) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... easons as were the grounds of revision in the notice issued u/s 263 of the Act by the Commissioner. Thus, it becomes clear that with the object of correctlinghis mistake the A.O. has taken the route of re-assessment. We have found it for a fact that no new material came to the possession of the A.O. The assessee had disclosed all the facts of his case fully and truly. No authority can be allowed to take a benefit of its mistakes. The provisions of the Act are very clear. These are not to be carried out simultaneously. It would amount to misuse of the provisions of the Act in case we accept the contention of ld. D.R. that the A.O. can put into use all the provisions of the act at his sweet will. This is not the intention of the legislatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the AO on account of remission or cessation of liabilities u/s 41(1) of the Income Tax Act, 1961. 5. That the Ld. C.I.T. (A) erred in sustaining the decision of charging of interest. 6. That the humble appellant may be allowed to add or amend any ground of appeal at or before the time of hearing. 2. Briefly stated the facts of the case are that the assessee is a Private Limited Company and clearing forwarding agent of M/s Northern Minerals Ltd and M/s Dhanuka Pesticides Ltd. The assessee had filed its return of income tax for the A.Y. 2005-06 on 31-10-2005 declaring total income of ₹ 8,57,634/-. Assessment u/s 143(3) of the Income-tax Act, 1961 ['the Act' for short] was completed on 5-10-2007 quantify ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s 148 is based on the change of his opinion which is prompted due to his inability to carry out the directions of ld. Commissioner (Administration) passed in the 263 proceedings. On the other part relating to non disposal of assessee s objections the A.R. did not say much. 3.1 Per contra ld. D.R. has stated that the objections raised against the notice issued u/s 148 were meet out by the A.O. by passing his order. On the re-opening the ld. D.R. stated that all possible venues enshrined by the Act can be legally adopted by the A.O. and even when the directions given in the order u/s 263 of the Act were not carried out the A.O. can resort to the provisions of Section 147 r.w.s. 148 of the Act. 3.2 We have carefully perused the entire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplied his mind to form his opinion regarding the escapement of income. He has simply followed the revision order. While making his order u/s 143(3) the A.O. has examined and investigated into each item of income and has came to one possible conclusion. Thus, it is definitely a case of charge of opinion and on that basis action u/s 147 cannot and is not permitted. The recent judgement of Hon ble jurisdictional High Court in the case of CIT vs M/s. Vardhman Industries D.B. - I.T. No. 172/2011 dated 30.08.2013 is on this very issue and dictates that reassessment on the basis of change of opinion by the A.O. is illegal. Therefore, we hold the notice issued u/s 148 in this case as invalid and quash the re-assessment order being ab-initio void. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
