https://www.taxtmi.com/caselaws?id=240581 Reassessment under sections 147 and 148 was stated to be unsustainable where the reopening rested entirely on findings already rejected in the earlier year's appellate order. Once that order had been passed and was available to the Assessing Officer before recording reasons, the assessment for the earlier year had merged with it and no surviving material remained to form a valid belief of escapement of income. The analysis also emphasised judicial discipline: a subordinate authority had to follow the binding appellate order, and pendency of the Department's further appeal did not justify ignoring it. The reassessment proceedings and assessment under section 148 were therefore quashed. en-us Wed, 04 Dec 2013 00:00:00 +0530 Sat, 07 Dec 2013 09:38:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=240581 Reassessment under sections 147 and 148 was stated to be unsustainable where the reopening rested entirely on findings already rejected in the earlier year's appellate order. Once that order had been passed and was available to the Assessing Officer before recording reasons, the assessment for the earlier year had merged with it and no surviving material remained to form a valid belief of escapement of income. The analysis also emphasised judicial discipline: a subordinate authority had to follow the binding appellate order, and pendency of the Department's further appeal did not justify ignoring it. The reassessment proceedings and assessment under section 148 were therefore quashed. Case-Laws Income Tax Wed, 04 Dec 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=240581