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TMI Blog2018 (11) TMI 1737X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Respondent : Shri C.J. Singh, Sr. D/R. ORDER Per J. Sudhakar Reddy, AM :- This appeal filed by the revenue is directed against the order of the Learned Commissioner of Income Tax (Appeals)-4, Kolkata, (hereinafter the 'Ld. CIT(A)'), dt. 07/09/2016, passed u/s 250 of the Income Tax Act, 1961 (hereinafter the 'Act'), relating to Assessment Year 2006-07, on the following grounds:- "1. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the instant case the scrutiny assessment u/s 143(3) was made on 30/12/08. Therefore, there is no doubt that the proviso to Section 147 is applicable in the instant case. The said proviso restrains the AO to initiate 147 where assessment under section 143(3) has taken place. Reassessment after a period of four years from the end of the relevant assessment year can only be made when there is a failu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded on an information which might have been received by the AO after the completion of the assessment in which case the reopening may be on sound foundation. I further find that where regular order of assessment is passed in terms of 143(3), to initiate proceedings u/s 147 it is a pre- requisite of the Act that there has to be a failure on the part of the assessee to disclose fully and truly all m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reasons recorded that there was failure on part of the assessee to truly and fully disclose all the material facts required for assessment. When there is no such mention, the Hon'ble Delhi High Court in the case of M/s. Haryana Archylic Manufacturing Company vs. CIT; 308 ITR 38, has held to be the re-opening to be bad in law. 3.1. In view of the above discussion, we uphold the order of the ld. F ..... X X X X Extracts X X X X X X X X Extracts X X X X
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