TMI Blog2014 (6) TMI 996X X X X Extracts X X X X X X X X Extracts X X X X ..... r the year 2004-2005, it should be by the end of financial year 2009. Before us, copies of such notices have not been produced. However, the learned Tribunal on fact found that the notice was issued beyond four years, but there has been no factual basis as required under the aforesaid provision to reopen the assessment beyond four years and within six years, meaning thereby pre-conditions for iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , ADV. JUDGMENT (Per the Hon ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred and admitted against the judgment and order dated 23.08.2013 of the learned Tribunal in relation to the assessment years 2003-2004 and 2004-2005 on the following suggested questions of law: i. In the facts and circumstances of the case, whether the Hon ble Tribunal ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ansfer Pricing Officer s order? It appears that the Assessing Officer wanted to reopen the assessment in relation to the aforesaid assessment years under Section 147 read with Section 148 of the Income Tax Act, 1961 (for short the Act ). Admittedly, the aforesaid attempt to reopen the assessment was made beyond the ordinary period of four years from the end of relevant assessment year. In case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or to disclose fully and truly all material facts necessary for its assessment for that assessment year have not been fulfilled. When pre-conditions are not found in the notices, initiation of proceedings is bad. We cannot re-appreciate this finding in the absence of the allegation of perversity. We, therefore, do not find any element of law to decide. Hence, the appeal is dismissed. There w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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