TMI Blog2022 (2) TMI 298X X X X Extracts X X X X X X X X Extracts X X X X ..... s completed, proviso to Section 147 of the Act shall apply. Respondent has to first show that there was failure on the part of petitioner to fulfill and there are non-disclosure of material facts required for assessment. As considered the reasons annexed at Exhibit F to the petition. In our view, respondent has miserably failed to disclose any facts, material or otherwise which has not been d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 27th March, 2019 issued under Section 148 of the Income Tax Act, 1961 (the Act) for A.Y. 2012-13 and the order dated 31st October, 2019 rejecting petitioner s objections. Since the notice issued is after expiry of four years from the end of the relevant assessment year and assessment under Section 143(3) of the Act was completed, proviso to Section 147 of the Act shall apply. Respondent has to fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Officer to re-open the assessment. Paragraph no. 14 of the said judgment read as under : 14. Now, in the case before us, the Income-tax Officer had, when he made the original assessment, considered the provisions of Sections 9 and 10. Any different view taken by him afterwards on application of those provisions would amount to a change of opinion on material already considered by him. The Rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im to reopen the assessment. In our opinion, an error discovered on a reconsideration of the same material (and no more) does not give him that power. That was the view taken by this Court in Maharaj Kamal Kumar Singh s case (supra), A. Raman and Co. s case (supra) and Bankipur Club Ltd. v. CIT, (1971) 82 ITR 831, and we do not believe that the law has since taken a different course. Any observati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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