TMI Blog2017 (3) TMI 1261X X X X Extracts X X X X X X X X Extracts X X X X ..... said that deduction under Section 35(2AB) was correctly claimed. Matter, thereafter, went in appeal. In these facts and circumstances Tribunal has found that there was a complete disclosure of all relevant facts by Assessee with regard to the amount claimed as deduction under Section 35(2AB) and that being so, question of escape assessment giving rise to re-assessment under Section 147/148 of Act, 1961 does not arise as it amounts to change of opinion. - Decided in favour of assessee Adoption of correct method of accounting - Held that:- Section 145 (1) permits two process of accounting and it is not the case of appellant that double entry system of account is not a recognized mercantile system of accounting provided under Section 145(1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pply certified copy, which was made available on 1.3.2016, but in para 3 of affidavit of service it has been stated that judgment of Tribunal was served in office of Principal Commissioner of Income Tax-2 Lucknow on 07.03.2016. Further, we find that the photo copy of judgment of Tribunal, which has been made part of this appeal, is a different copy from photo copy submitted by respondent in office of appellant. 2. It is admitted that respondent supplied copy of judgment of Tribunal in the office of appellant on 26.10.2015, therefore, appellant came to know about judgment on that date and still in affidavit of service a different version has been given. 3. Let the officer who has sworn affidavit appear before this Court on 20.03.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as admitted on following two substantial questions of law: (1) Whether under the facts and circumstances of the case Tribunal is justified in holding that the reopening of assessment under section 147 by the assessing officer is invalid without appreciating the fact that case was reopened with the prior approval of the Commissioner of Income Tax under Section 151 of the Act, 1961. (2) Whether Tribunal is justified in recognizing the Double Entry System of Accounting of assessee while as per Section 145 (1) only two systems of accounting are recognized under Act, 1961. 6. With regard to Question-1, it is evident from record that notice under Section 147/148 was served upon Assessee on 29.03.2011 in respect to alleged wrong ded ..... X X X X Extracts X X X X X X X X Extracts X X X X
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