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TMI Blog2019 (9) TMI 1262X X X X Extracts X X X X X X X X Extracts X X X X ..... , JCIT, Sr. DR ORDER Shri S.S. Viswanethra Ravi, JM: This appeal by the assessee against the order dated 21.12.2017 passed by the Commissioner of Income Tax (Appeals)-4, Kolkata ['CIT(A)'] for Assessment Year 2007-08. 2. The assessee raised Ground Nos.1 to 3 challenging the confirmation of reassessment made u/s 147 of the Act. With the consent of both the parties, we proceed to hear Ground ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment made thereon is not maintainable in law. The assessee challenged the validity of reassessment and the CIT(A) without examining the record confirmed the order of Assessing Officer regarding the validity of reopening of assessment. The ld. DR supported the order of Assessing Officer and CIT(A). 4. We find that the reasons recorded by the Assessing Officer regarding the reopening of assessme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eedings u/s 147 of the Act. On perusal of the assessment order, it is noted that nowhere the Assessing Officer discussed about the objections raised by the assessee and without considering the same proceeded to reopen the assessment, is bad in law. Further we find that the assessee filed all the details such as audited accounts, tax audit report u/s 44AB and required documents for claim of exempti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment and it is merely a change of opinion. The reassessment completed u/s 143(3)/147 of the Act on 25.03.2013 is quashed and thereby the order of CIT(A) is set aside. Thus Ground Nos.1 to 3 raised by the assessee are allowed. 5. Ground No.4 raised by the assessee is on merits of the case and in view of the decision taken by us regarding reopening of assessment in the aforementioned paragraphs, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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