TMI Blog2021 (3) TMI 188X X X X Extracts X X X X X X X X Extracts X X X X ..... d was not included in the Reasons. The Tribunal has followed the decision of the Jurisdictional High Court in the case of Nivi Trading Limited [ 2015 (4) TMI 411 - BOMBAY HIGH COURT] . If the Tribunal in these facts and circumstances has found that the reopening of assessment was without jurisdiction based on reading of the Reasons, it cannot be said that any perverse or illegal view has been taken by the Tribunal. No question of law arises. The Appeal is dismissed. - INCOME TAX APPEAL NO. 106 OF 2017 - - - Dated:- 26-2-2021 - NITIN JAMDAR AND ANIL S. KILOR, JJ. Mr. Anand Parchure, Advocate for the Appellant. Mr. K.P. Dewani, Advocate for the Respondent. P.C. : Heard the learned Counsel for the Parties. 2. This A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 11,47,240/-. The Return of Income was processed under Section 143(1) of the Income Tax Act on 12 July 2007. Thereafter, a notice under Section 148 of the Income Tax Act was issued on 11 May 2010. The notice was objected to and Reasons were provided to the Respondent-Assessee, but the Respondent-Assessee filed Return of Income. The Assessing Officer carried out the assessment on 29 December 2011 and ₹ 5,81,63,820/- was treated as business income. The penalty proceedings were initiated separately. 4. The Respondent-Assessee filed an Appeal before the Commissioner of Income Tax (Appeals), Nagpur. Before the Commissioner of Income Tax (Appeals), the Respondent-Assessee challenged the re-assessment proceedings under Section 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llate Tribunal) Rules permits the Respondent though may not have appeal to support the order on any of the grounds decided against the Respondent. Therefore, this ground cannot be accepted. 8. As regards the ground Nos.1 and 2 are concerned, it is the contention of the Appellant-Revenue that before the Assessing Officer, all facts were considered and even the order disposing of Reasons give sufficient reasons and the information was received from investigation being pursuant to which notices were issued. The learned Counsel further submitted that the finding of the Tribunal that there was a change of opinion is perverse. The learned Counsel for the Respondent-Assessee has drawn our attention to the Reasons, which have been reproduced in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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