TMI Blog2012 (2) TMI 707X X X X Extracts X X X X X X X X Extracts X X X X ..... havan, Advocate ORDER PER GEORGE MATHAN, JUDICIAL MEMBER : This is an appeal filed by the Revenue against the order of the learned CIT(Appeals), Large Taxpayer Unit, Chennai in ITA No. 31/09-10/LTU(A) dated 31-08-2010 for the assessment year 2002-03. 2. Shri T. N. Prakash, learned Sr. DR represented on behalf of the Revenue and Shri R. Vijayaraghavan, Advocate represente ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the re-opening was made only on a mere change of opinion on the same set of facts as existed at the time of the original assessment. It was the submission that the Explanation to section 148 permitted the Assessing Officer liberty to reopen upto a period of 6 years. It was the submission that the order of the learned CIT(A) was liable to be reversed. 4. In reply, the learned authorised rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cision of the Hon'ble Supreme Court in the case of CIT v. Kelvinator of India Ltd. reported in 320 ITR 561 wherein it has been held that in the absence of any fresh facts, the re-opening cannot be made beyond 4 years, especially when all the facts necessary for deciding the issue were before the Assessing Officer when the original assessment was done. It was the submission that that order of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upreme Court in the case of GKN Driveshafts, the Assessing Officer is duty bound to give the reasons recorded for the purpose of re-opening to the assessee as also pass a speaking order dealing with the assessee s objections, if any. Just because the Assessing Officer has not passed a speaking order in regard to the objections raised by the assessee, it would not mean that the re-opening would be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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