TMI Blog2021 (8) TMI 675X X X X Extracts X X X X X X X X Extracts X X X X ..... y disclose all relevant materials for completing the assessment. Therefore, we are of the view that the reopening was a clear case of change of opinion. We find from the reasons dated 26.09.2017 that there is no whisper of any tangible material, and all information has been culled out from the returns filed by the assessee and the agreement, dated 30.06.2010, which was very much available when the original assessment was completed vide order dated 31.03.2014. Revenue had filed a Miscellaneous Petition in which [ 2017 (2) TMI 546 - ITAT CHENNAI] they had stated that the assessee had produced new material by way of producing the agreement dated 30.06.2010, which was not available when the assessment was completed on 31.03.2014. This appears to be factually incorrect, as the Assessing Officer, while completing the assessment, has specifically noted the agreement which was produced and placed before the Assessing Officer. Be that as it may, the said Miscellaneous Petition has been dismissed by the Tribunal. As has always been observed, notice under Section 147 is not to be casually invoked to suit the convenience of the Department or to correct any alleged errors which would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 07.11.2018 disposing of the assessee's objections, against which, no remedy has been provided under the Act, the writ petition can be entertained and the correctness of the order of reopening can be decided in a writ petition. 6.The appellant/assessee is before us raising five contentions. Firstly, that the conditions stipulated in the first proviso to Section 147 of the Act have not been fulfilled. Secondly, it is contended that there is no allegation made against the appellant/assessee that they failed to fully and truly disclose all material information at first instance during the assessment proceedings. Thirdly, it is contended that, on account of the assessment having been completed under Section 143(3) of the Act by order dated 30.03.2015, which order was reversed by the Commissioner of Income Tax (Appeals)-18, Coimbatore ( CIT(A) for brevity) by order dated 01.06.2016 and affirmed by the Tribunal by order dated 03.02.2017, the reopening proceedings is clearly barred under the third proviso. The next contention is that the reopening is a clear case of change of opinion, and finally, that the Assessing Officer has not brought out any new tangible material to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 147 have to be interpreted schematically, as liberal interpretation would have the consequence of conferring arbitrary powers on the Assessing Officer who may even initiate re-assessment proceedings merely on his change of opinion on the basis of some facts and circumstances which have already been considered by him during the original assessment proceedings. Thus, it was held that, this cannot be the intention of the legislature and doing so, would have the effect of giving the Assessing Officer the power of review. 9.On going through the facts before us, we find that, what the Assessing Officer has done by virtue of issuance of notice under Section 148 of the Act is to review the earlier order of assessment. The subject matter which was writ large in the assessment proceedings is the agreement between the assessee and M/s.Miracle Cars India Pvt. Ltd., dated 30.06.2010. In the said agreement, the assessee was described as the seller and M/s.Miracle Cars India Pvt. Ltd., the buyer . The assessee offered transfer of dealership to the buyer subject to the consent of SKODA Auto India Private Limited and to sell the spares, tools, machinery, goodwill, etc., for a specific value ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not have any new tangible material for reopening the proceedings, as the reason is prefaced by the sentence In the return of income filed for the A.Y.2011-12, the assessee has debited a certain amount . Courts have always held that the Assessing Officer is always an independent authority who has to exercise his powers within the four corners of law and it is not for the higher authorities or for the assessee to tell as to in what manner the assessment has to be completed. The duty of the assessee is to fully and truly disclose all the material particulars. There is no allegation made by the Assessing Officer that the assessee had failed to fully and truly disclose all relevant materials for completing the assessment. Therefore, we are of the view that the reopening was a clear case of change of opinion. Furthermore, we find from the reasons dated 26.09.2017 that there is no whisper of any tangible material, and all information has been culled out from the returns filed by the assessee and the agreement, dated 30.06.2010, which was very much available when the original assessment was completed vide order dated 31.03.2014. 12.We find that the Revenue had filed a Miscellaneo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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