TMI Blog2021 (9) TMI 667X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 142(1) of the Act and remand the case to the AO for a limited purpose and only to the extent to reconsider the aforesaid judgment of the Tribunal on the issue in question in the case of Deputy Commissioner of Income-tax, Circle-6, Kolkata Vs. National Insurance Co. Ltd. [ 2016 (8) TMI 326 - ITAT KOLKATA] and also the contention of the petitioner about the change of opinion and pass a fresh speaking order after giving opportunity of hearing to the petitioner or his authorised representative within four weeks from the date of communication of this order. The subsequent proceeding under Section 147 of the Act will depend upon the fresh order to be passed by the respondent-Assessing Officer concerned - W.P.O. No. 553 of 2021 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, which according to the petitioner, is nothing but mere change of opinion by the successor of the Assessing Officer who has allowed the aforesaid claim of the assessee/petitioner on the self-same material and documents in the original assessment under Section 143 (3) of the Act and no new material came to the knowledge or to the possession of the Assessing Officer after the original assessment under Section 143(3) of the Act for invoking the relevant provisions of Section 147 of the Act. This is also the case of the petitioner that the Assessing Officer wants to reopen the assessment under Section 143(3) beyond four years without fulfilling the criteria for the same. The petitioner further challenges the impugned proceeding under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al were binding upon him. Mr. Dutta, learned Counsel appearing for the respondent/Assessing Officer, could not deny the admitted position in paragraph 3 of the recorded reason which runs as follows - 3. It is true that the assessee has filed copy of accounts along with required materials with return of income to complete the assessment where various information/materials were disclosed. * * * * Mr. Dutta could not satisfy this Court about what new material of documents came into the possession of the Assessing Officer after the order of assessment under Section 143(3) of the Act, which were not produced by the assessee before the Assessing Officer in course of regular assessment. Mr. Dutta in support of his contention als ..... X X X X Extracts X X X X X X X X Extracts X X X X
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