TMI Blog2018 (12) TMI 743X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee’s failure in not having disclosed all the relevant facts “fully and truly” at the first instance. Omission on part of an Assessing Officer is fatal to validity of the reopening in issue. We further find as per assessee’s particulars of depreciation allowable in respect of block of assets in the relevant previous year that it had nowhere included land cost of ₹ 20,000,000/- for the purpose of the relief in issue. This clinching fact has gone unrebutted at the Revenue’s behest during the course of hearing. We therefore affirm the CIT(A)’s findings holding the impugned reopening to be not sustainable in the eyes of law. The Revenue fails in its sole legal ground. - Decided in favour of assessee. - I.T.A No. 1789/Kol/201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounds of appeal. the brief facts of the case are discussed below. The Appellant Company is engaged in the business of manufacturing and sale of Low Ash Metallurgical Coke. For Asstt. Year 2006-07 its assessment was completed by a scrutiny assessment order on 31.12.2009 on a total income of ₹ 117,25,23,307. The Assessee filed an appeal against the said assessment order and the Ld. CIT(A)-XII Kol partly allowed the appeal. Thereafter, the Ld. A 0. issued a notice u/s 148 of the I. T. Act on 27.02.2013 reopening its assessment for the said Asstt. Year. He has passed a re-assessment order u/s 147/251/143(3) on 24.03.2014 in which he has made two disallowances of RS.2,34,33,610 and ₹ 80,00,000/-. The Assessee has filed this appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the submission of the AR of the appellant and taking into consideration the totality of the facts of the issue at hand to determine the validity of the impugned order passed by the AO. I find that the AO had issued notice u/s 148 'of the Act dated 27.02.2013 after a lapse of more than four years from the relevant assessment year i.e. AY 2006-07 in the absence of any finding recorded by him that there was a failure on the part of the assessee to fully and truly disclose all material facts in the return of income filed with the department in tune with the provisions of section 147 of the Act. On this count, I find that there was no failure on the part of the assessee to disclose all material facts in the return of income filed befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... old good in any manner in view of the facts of the matter as discussed in the foregoing. Under such circumstances and facts of the case as well as considering the judicial precedence as cited (supra), I am of the considered opinion that on both facts and law, the AO has not made out his case with any convincing counter material that the reopening of assessment was on valid ground. In the circumstances, the impugned assessment cannot be endorsed in any manner as a valid order since the proceeding u/s 147 of the Act is considered as time barred and for which any subsequent proceeding pursuant thereto also becomes a nullity. Consequently, the order passed pursuant to the impugned proceeding u/s 147 of the Act can only be held to be nugatory in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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