TMI Blog2021 (8) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... given reasons for rejection of the objections. Such reasons may not be acceptable to the assessee. However, it is for him to provide further details or information to the AO while proceeding with the reassessment proceedings. This being the factum of the case, this Court do not find any acceptable reason for the purpose of interfering with the orders impugned. WP dismissed. - W.P.No.9409 of 2016 and W.M.P.No.8392 of 2018 - - - Dated:- 30-6-2021 - HON'BLE MR. JUSTICE S.M. SUBRAMANIAM For Petitioner : Mr.N.V.Balaji For Respondents : Mr. D. Prabhu Mukunth Arunkumar Standing Counsel for Income Tax O R D E R The Notice dated 20.03.2015 issued under Section 148 of the Income Tax Act and the order dated 26.02.2016 d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted a letter seeking reasons for reopening of assessment proceedings and the reasons were provided by the respondent in proceedings dated 20.08.2015. Thus, the petitioner submitted its objections on 04.09.2015. The said objections were disposed of by the respondent in order dated 26.02.2016. Thereafter the notice under Sections 142 (1) and 142 (2) of the Income Tax Act was issued to the petitioner on 26.02.2016. 5. The learned counsel for the petitioner mainly contended that the basis for initiation of reassessment proceedings is not in consonance with the factual details furnished by the petitioner. The petitioner has submitted detailed objections with reference to the reasons furnished. The specific objections raised in Paragraph ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mind on the same set of facts and the same is nothing but a fresh examination of the legal proposition after the scrutiny assessment under Section 143 (3), which is in effect of framing a different opinion on the same set of facts which impermissible under reassessment proceedings. In simple terms, the Act provides authority to the Assessing Officer to reassess the income of the assessee but not to review his own decision. Paragraph No.2.1 states that as per first proviso to Section 147, the question whether there is failure on the part of the assessee to disclose fully all material facts arises only in cases where assessment under Section 143 (3) has been completed and four years from the end of the relevant assessment year has expired. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee is at liberty to do so and the Assessing Officer is also empowered to look into those materials or information and proceed in accordance with law and by following the procedures contemplated. 10. At the stage of initiation of reopening proceedings under Section 147 of the Income Tax Act, what is contemplated is notice under Section 148 of the Act within the time limit as prescribed under Section 149 and thereafter, if any request is made by the assessee, the reasons are to be furnished by the Assessing Officer and the assessee is at liberty to submit its objections for the reasons and thus objections are to be disposed of by the Assessing Officer. 11. Perusal of the objections raised as well as the reasons stated in the disposal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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