TMI Blog2018 (12) TMI 1496X X X X Extracts X X X X X X X X Extracts X X X X ..... the day on which the first reassessment was completed on 31.03.2015 is bad in law. Even if there was escapement of income, this Tribunal is of the considered opinion that the AO ought to have brought to taxation on the basis of notice issued on 03.10.2013 under Section 148. Therefore, reopening of assessment by issuing another notice on 31.03.2015 is not justified. - Decided in favour of assessee. - ITA Nos.2760 & 2761/Chny/2017 - - - Dated:- 12-11-2018 - Shri N.R.S. Ganesan, Judicial Member For the Appellant : Shri M. Kaushik, Advocate For the Respondent : Shri B. Sagadevan, JCIT ORDER Both the appeals of the assessee are directed against the respective orders of the Commissioner of Income Tax (Appeals)-4, Chennai, da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Departmental Representative, submitted that no doubt, the Assessing Officer reopened the assessment for the second time by issuing notice on 31.03.2015 on the same day the first reassessment was completed. According to the Ld. D.R., there was no bar under the Income-tax Act to reopen the assessment for second time when the Assessing Officer found that there was income otherwise chargeable to tax escaped assessment. The Ld. D.R. pointed out that on 31.03.2015, the first reassessment was completed and on the very same day the Assessing Officer issued notice under Section 148 of the Act and served on the assessee. The Ld. D.R. further pointed out that for the second reassessment, notice dated 31.03.2015 was issued after getting approval of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 148 of the Act 03.10.2013, the Assessing Officer could have brought to taxation all the income which escaped assessment. Therefore, there is no justification for the Assessing Officer to issue a notice once again when the first reassessment proceeding was pending. 6. In this case, the Assessing Officer passed reassessment order on 31.03.2013 and again issued notice on the very same day. No fresh material came to the possession of the Assessing Officer on the day on which the first reassessment order was passed. Moreover, as held by the Madras High Court in TANMAC India v. DCIT (2016) 97 CCH 189, Section 147 of the Act is not for extending time limit for completing assessment. This Tribunal is of the considered opinion that reopening ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
