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TMI Blog2022 (10) TMI 415X X X X Extracts X X X X X X X X Extracts X X X X ..... f the case and in law, the ld. CIT(A) erred in holding that the issue of notice u/s 148 was bad in law as the proceedings initiated were merely on change of opinion without appreciating the fact that in the original Assessment order u/s 143(3) of the Act there was a failure on the part of the assessee to disclose fully and truly that the land in question has been sold. 2. On the facts and circumstances of the case and in law, the ld. CITA) erred in holding that there is no discussion on the issue of transfer of immovable property nor there is a finding given to that effect. 3. On the facts and circumstances of the case and in law, the ld. CIT(A) erred in holding that the re-opening was bad in law when the CIT(A) himself while deciding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has failed to disclose fully and truly all the material relevant facts. 3. The relevant facts regarding this case are that the assessee filed his return of income declaring total income of Rs. 66,69,954/- on 28-07-2009. The original assessment was completed u/s 143(3) of the Acton 31-10-2011 and the return of income of Rs. 66,69,954/- was accepted. The case was reopened for the assessment year 2009-10. The A.O issued notice u/s 148 on 28-03-2016 as according to him the income chargeable to tax had escaped assessment to the extent of Rs. 3,18,22,500/-, In response to this notice, assessee filed written submissions and prayed that the return of income filed for A.Y. 2009-10 may be treated as return in compliance. After considering the submis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Rs.66,69,954/- was accepted. Thereafter recording the reasons of notice u/s 148 dated 28-03- 2016 was issued to the assessee. After considering the replies of the assessee, the A.O held that the transfer as per section 2(47) in relation to capital assets includes sales, exchange or relinquishment of the assets, extinguishment of the assets etc. and also that during the year under consideration, the assessee has transferred immoveable property for Rs. 3,31,00,000/-. Therefore, this amount was added to the total income of the assessee. It was contended by the assessee that the reopening was bad in law since the assessment u/s 143(3) was completed and the reopening was beyond the four years period from the end of the relevant assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as accepted the returned income of the assessee. It is also further mentioned by the ld. CIT(A) at para 5.10 of his order that even the A.O while recording the reasons for reopening of case also acknowledged the letter dated 08-08-2019 and has accepted that the assessee disclosed the fact that the title of the land was disputed. The only objection of the A.O is that no material was produced by the assessee in support of this contention. The ld. CIT(A) also gave a categorical finding that even in the re-assessment order, the A.O has also not disputed the fact that the title of the land was disputed. It was further observed that from the perusal of the letters dated 08-08-2011 and 11- 08-2021 the assessee never claimed that the land was an ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... details of receipt of payment from the said concern. That on perusal of the reasons for reopening, it is absolutely identical and the same as were there during the original assessment proceedings. There is nothing new on record nor not even a whisper of any evidence brought on record by the A.O to justify the proceeding u/s 147/148 of the Act. These facts have been examined by the ld. CIT(A) and he also gave a categorical finding that the A.O has not brought any facts on record which were not disclosed by the assessee during the original assessment proceedings. The proviso to section 147 is crystal clear that in the given circumstances when the assessee has disclosed fully and truly all material facts necessary for the assessment then no r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of computation made. In view of the proviso to section 147 of the Act the same was not permissible. Reverting to the facts of the present case, all the material facts were already disclosed by the assessee before the A.O at the time of original assessment and even we have observed that the ld. CIT(A) in his order has verified that the A.O has acknowledged all these information which were before him during the original assessment proceedings while resorting to the re-assessment proceedings. Therefore, in the instant case also the reassessment is not a case where the assessee has not disclosed fully and truly all material facts but it is a case where the re-assessment proceedings were initiated only on a mere change of opinion by the A.O whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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