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TMI Blog2021 (7) TMI 1003X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(A) has erred both in law and on the facts of the case in confirming the action of AO in reopening the assessment u/s 147 of the Act. In the facts and circumstances of the case, learned CIT(A) ought to have held that the action of reopening is without jurisdiction and not permissible either in law or on facts. 2. The learned CIT(A) has erred both in law and on the facts of the case in confirming the addition on account of RA Bill receipts amounting to Rs. 54,66,560/- after holding that the appellant has failed to offer it for tax. In facts and circumstances of the case, the appellant has already offered income portion out of the said receipts. 3. Alternatively and without prejudice to the above, the addition may kindly be restricte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... discussed in original assessment u/s. 143(3) of the Act. Therefore, reopening of assessment was merely a change of opinion and assessee had placed reliance on the various judicial pronouncements. However, the Assessing Officer has not accepted the submission of the assessee stating that assessee has not submitted any fact of the cases referred by him. Therefore, the Assessing Officer has added the full amount Rs. 57,57,910/- of the R.A. Bill to the total income of the assessee. 4. Aggrieved assessee has filed appeal before the ld. CIT(A). The ld. CIT(A) has partly allowed the appeal of the assessee after granting relief to the extent of Rs. 2,91,350/- which was already shown by the assessee in the revised return as additional income earned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and perused the material on record. The assessee has filed return of income on 29th September, 2009 showing total income of Rs. 9,14,742/- pertaining to the year under consideration. However, in the total turnover of Rs. 2,77,56,554/-, R.A. Bill of Rs. 57,57,910 was not reflected and to rectify this mistake the assessee has voluntarily filed revised return of income on 24-02-2010 by offering additional profit of Rs. 2,91,350/- on the R.A. Bill of Rs. 57,57,910/- and declared revised total income of Rs. 12,06,090/-. Thereafter, assessment u/s. 143(3) of the act was finalized on 22nd December, 2011 and Assessing Officer has determined total income at Rs. 14,92,400/-. Subsequently, the case of the assessee was reopened by issuing of notice u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and declared total income of Rs.Rs. 914742/-. As per return figure there is refund due of Rs. 441264/-. For the year under consideration assessee has issued R.A. Bills of Rs. 27756554/- contractee has deducted the JDS an same amount. In view of that the R.A. bills is not final Bills due to inspection by the contractee was pending, the assessee has not shown R.A. Bills amounts of Rs. 5757910/- in total turnover. The said mistake found and the assessee has voluntary filed revised return of income within time period of the Act and declared net profit of Rs. 291350/- on escaped turnover of Rs. 5757910/- and paid tax thereon. Respected sir, assessee extend his co-operation with the department and avoid legal procedures and peace of m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0.00 14 Govindbhai Shivrambhai Patel 314768.00 3566.00 Total................................. 27756554.00 626069.00 After perusal of the aforesaid reply of the assessee, it is clear that assessee has duly explained that he has declared net profit of Rs. 2,91,350/- on turnover of Rs. 57,57,910/- which was disclosed in the revised return of income along with reconciliation of TDS. At page no. 26 of the paper book, the assessee has also filed a copy of letter filed before the Assessing Officer during the course of original assessment explaining justification for filing revised return of income. The assessee has explained that bill amount of Rs. 57,57,910/- was not inspected by the contractee therefore the same was not f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion made by the assessee in the form of revised return of income, reply in respect of notice u/s. 142(1) of the act and other correspondence made during the course of assessment proceedings as elaborated above in this order that no tangible material has come in possession of the Assessing Officer after framing the assessment u/s. 143(3) of the act. On the other hand, the reopening has been made merely on the basis of material available on record which has been considered by the Assessing Officer at the original assessment stage. After considering the judicial pronouncements referred by the ld. counsel and the material on record, we are of the view that reopening made in the case of the assessee in the absence of tangible material after fr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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