TMI Blog2007 (7) TMI 239X X X X Extracts X X X X X X X X Extracts X X X X ..... t. C. S. Aggarwal with Prakash Kumar for the respondent. JUDGMENT The judgment of the court was delivered by Madan B. Lokur J.— The Revenue is aggrieved by an order dated january 3, 2005, passed by the Income-tax Appellate Tribunal, Delhi Bench "G" in I. T. A. No. 2336/Del/2001 relevant to the assessment year 1990-91. 2. The assessee had filed its return of income and the assessment was completed under section 143(3) of the Income-tax Act, 1961, on May 27, 1992. The Assessing Officer allowed a deduction to the assessee under section 80HHC of the Act. 3. On March 27, 1997, the Assessing Officer issued a notice to the assessee under section 148 of the Income-tax Act, 1961, with a view to reopen the completed assessment. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be something in the assessment order to show that the Income-tax Officer applied his mind to the particular subject-matter or the particular source of income with a view to its taxability or to its non-taxability and not to any incidental connection." 7. Prima facie, we are not in agreement with the view expressed by the Madras High Court in view of a decision of the Full Bench of this court. 8. In CIT v. Kelvinator of India Ltd. [2002] 256 ITR 1 (Delhi), the Full Bench observed as follows : "We also cannot accept the submission of Mr. Jolly to the effect that only because in the assessment order, detailed reasons have not been recorded an analysis of the materials on the record by itself may justify the Assessing Officer to i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter the expiry of a period of four years no action shall be taken to reopen a completed assessment made under section 143(3) of the Act unless the assessee has failed to disclose wholly and truly all material facts necessary for his assessment. 11. In the present case, the earlier assessment was made under section 143(3) of the Act and there is nothing to show or even suggest that the assessee had failed to fully and truly disclose all material facts necessary for the assessment. If the Assessing Officer chose not to investigate the facts then, as pointed out by the Full Bench, it would "amount to giving a premium to an authority exercising quasi-judicial function to take benefit of its own wrong." 12. In view of the above, we are o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
