TMI Blog2014 (8) TMI 1233X X X X Extracts X X X X X X X X Extracts X X X X ..... ted now are mutatis mutandis identical since the statement of Shri Raju does not indicate anything about the present companies and no further investigation was made by the assessing officer before issuance of notice u/s 148 of the Act and thus the re-opening of assessments is bad in law. Decided in favour of assessee. - ITA.No.892/Hyd/2014, ITA.No.893/Hyd/2014, ITA.No.894/Hyd/2014, ITA.No.897/Hyd/2014 - - - Dated:- 11-8-2014 - SHRI D. MANMOHAN VICE PRESIDENT For the Revenue : Mr. Solgy Jose T. Kottaram For the Assessee : Mr. K.C. Devdas ORDER PER D. Manmohan, Vice President: These four appeals, pertaining to the assessment year 2002-03, are directed against separate but identical orders passed by the CIT(A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of the other companies, which are the appellants herein. The Ld. Counsel placed before us a copy of the order passed by the ITAT A Bench, Hyderabad in the case of certain group of companies to highlight that when a notice is issued beyond a period of 4 years, it is the duty on the part of the assessing officer to record proper reasons in those cases. The A.O. could not highlight failure on the part of the assessees to disclose fully and truly all materials and facts necessary for assessment in which event merely based on a statement concerning different assessees, it cannot form the basis for reopening the assessment (ITA Nos.1233/Hyd/2011 and batch dated 31.12.2013). For the sake of immediate reference, the operative portion of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reasons for reopening and the assessment completed. 19. Hence, there being no nexus or live-link with the reasons recorded and the `formation of belief to come to a conclusion that there was escapement of income and also since the assessment has been reopened beyond the period of 4 years when there is no failure on the part of the assessee to fully and truly disclose all material facts in the original assessment itself, and there being `no tangible material for the reopening of the assessment, the CIT(A) erred in confirming the order of the Assessing Officer. We, therefore, hold that the reopening of the jurisdiction under section 147 is bad in law and is to be quashed. 20. Following the principles on the above issue as discus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... forecited decisions, though he submitted that the statement given by Shri Raju presupposes that identical modus operandi must have been followed with regard to the other companies also; Thus, the A.O. was justified in reopening the assessment. 5. I have carefully considered the rival submissions. It is admitted that the facts and circumstances in the appeals filed today are identical to the facts and circumstances of the cases which were disposed of by the ITAT A Bench in the aforesaid cases, wherein the Tribunal had already taken a view by holding that reopening of assessments are bad in law. Consistent with the view taken therein, I am of the firm view that the reopening of assessments is bad in law and therefore I set aside the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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