2015 (8) TMI 852

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he Court was delivered by V. Ramasubramanian,J.) The Commissioner of Income Tax has come up with the above appeal under Section 260(A) of the Income Tax A ct, 1961. 2. Heard Mr.T.Ravikumar, learned counsel for the appellant. 3. The respondent assessee filed a return of income on 27.10.2004 for the assessment year 2004-05, on a gross total income of Rs. 2,47,37,757/-. He claimed a deductio....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....l. Therefore, the department is before us. 7. A bare perusal of the order of assessment passed on 29.12.2009 would show that what the Assessment Officer had chosen to do it only to re-open the assessment, on a change of opinion. The relevant portion of the order of the Assessing Officer dated 29.12.2009 would make this position very clear. Hence, it is extracted as follows:- "The asses....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s for re-opening of assessment. Mr.T.Ravikumar, learned Standing Counsel for the department, on the question of law, pure and simple, may be correct in his submissions that under clause (c)(iv) under Explanation II to Section 147, computation of any allowance in excess of the permissible limits, can be ordered as a case where income chargeable to tax had escaped assessment. But, can that form the ....