TaxTMI 
TaxTMI 
2011 (5) TMI 830
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.... the same amounts to taking different opinion having accepted the return submitted by the assessee for the financial year?" The assessee filed a return declaring the income of Rs. 4.27,598/- on 15-3-2002, for the assessment year 2001-02. However, he filed a revised return claiming loss of Rs. 3,62,411/- on 18-9-2002. The Assessing Officer in exercise of the powers under Section 148 of the Act issued a notice under Section 148 of the Act reopening the assessment and the assessee opposed reopening and the assessing officer by order dated 17-12-2004 held that in the statement of the total income enclosed to the return the business loss of Rs. 5,26,132/- was arrived and it was not clear either from the Profit and Loss Account or the final st....
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....A 1417/Bang/2005. It was urged before the Tribunal that the assessing officer was not justified in reopening the order of assessment as there was only change of opinion and no ground whatever was made for reopening of the order of assessment. The Tribunal accepted the contention of the assessee and held that the reopening of the order of assessment itself was based on change of opinion only and there was no valid ground for reopening the assessment and therefore set aside the order of assessment passed by the appellate authority confirming the order of assessment and cancelled the assessment. Since reopening itself could not have been done it did not go into the merits of the claim of the parties and accordingly allowed the appeal. Being ag....
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....ribunal is justified and since the Tribunal upheld the contention of the assessee that the order of assessment could not be reopened the appeal has been allowed without going into the merits of the claim of the parties. 5. We have given careful consideration to the contentions of the learned counsel appearing for the parties. 6. The principle regarding reopening of the order of assessment under Section 147 has been considered by the Hon'ble Supreme Court in the case of CIT v. Kelvinator of India Ltd. [2010] 320 ITR 561/187 Taxman 312 wherein the Hon'ble Supreme Court has clearly laid down that a mere suspicion or change of opinion is not a ground for reopening the order of assessment and there should be tangible material to come to th....
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....at the reopening of the assessment order was only on the basis of suspicion and it is clear from the order passed by the Tribunal that no cogent reasons are given for interfering with the concurrent finding of fact or to set aside the reasons given by the assessing officer for reopening the order of assessment and therefore the order passed by the Tribunal cannot at all be sustained and the same is liable to be set aside. However, since the Tribunal has not gone into the claim of the parties regarding the depreciation claim and the deduction claim in the return as the same is a question of fact the matter has to be remitted to the Income-Tax Appellate Tribunal to pass fresh orders on merits and in accordance with law. Accordingly, the findi....