TMI Blog2020 (10) TMI 873X X X X Extracts X X X X X X X X Extracts X X X X ..... nce, it is merely a change of opinion and CIT (Appeals) has considered the issue in a right perspective. Even otherwise, as canvassed by AR that the tax effect is below the prescribed limit fixed by the CBDT and the Department should have not have filed appeal on this count. Thus confirm the order of the learned Commissioner of Income-tax (Appeals) that proceedings under section 147 of the Act are null and void and the addition is not sustainable. - Decided in favour of assessee. - I.T.A. No. 70/Cuttack/2020 And C.O. No. 7/Cuttack/2020 - - - Dated:- 4-8-2020 - Chandra Mohan Garg Judicial Member For the Assessee : S. N. Sahu, authorised representative For the Department : Subhendhu Dutta, Departmental representative ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the facts and in the circumstances of the case, the learned Commissioner of Income-tax (Appeals) was not justified in holding that the Assessing Officer had no 'new information' to form the rea son to believe that income of the assessee had escaped assessment, when in all the cases cited in Ground No. l above, it has been held that information contained in such audit objection amounts to 'fresh/new information' brought to the knowledge of the Assessing Officer, on the basis of which reopening is permissible. 3. On the facts and in the circumstances of the case, it is prayed that the order of the learned Commissioner of Income-tax (Appeals) be set aside and that of the Assessing Officer may be restored. 3. At the outs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted that reopening of assessment on the basis of objection of audit party is illegal. For this proposition, he relied on the following decisions : (i) Natraj Rubbers v. STO [1999] 113 STC 575 (Guj) ; (ii) Indian and Eastern Newspaper Society v. CIT [1979] 119 ITR 996 (SC) ; (iii) CIT v. Lucas T. V. S. Ltd. [2001] 249 ITR 306 (SC). 6. Even otherwise, learned authorised representative supported the order of the learned Commissioner of Income-tax (Appeals). He submitted that VAT returns and the details of purchases were already available with the Assessing Officer at the time of original assessment proceedings under section 143(3) of the Act and no new information had come into his possession to reopen the assessment under sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o new material had come to the knowledge of the Assessing Officer to take recourse of the reassessment proceedings. Hence, it is merely a change of opinion and the learned Commissioner of Income-tax (Appeals) has considered the issue in a right perspective. Even otherwise, as canvassed by learned authorised representative that the tax effect is below the prescribed limit fixed by the CBDT and the Department should have not have filed appeal on this count. In view of above, I confirm the order of the learned Commissioner of Income-tax (Appeals) that proceedings under section 147 of the Act are null and void and the addition made of ₹ 4,99,975 is not sustainable. 8. The cross-objection filed by the assessee is in support of the order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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