TaxTMI 
TaxTMI 
2012 (6) TMI 808
X X X X Extracts X X X X
X X X X Extracts X X X X
....ssed by the learned Tribunal in relation to the assessment year 2004-05 is sought to be admitted on the following substantial question of law: a. Whether on the facts and in circumstances of the case as well as in law the I.T.A.T. Kolkata is justified in quashing the reassessment order passed under Section 147/143(3) of the Income Tax Act, 1961 totally ignoring the facts of the case? b. Wheth....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rom the end of the relevant assessment year and complete set of facts were not disclosed by the assessee before the Assessing Officer? We have heard Mr. Mukherjee, learned Counsel appearing for the appellant and gone through the impugned judgment and order of the learned Tribunal. It appears that the Assessing Officer wanted to reopen the assessment of the aforesaid year under Section 147/143(3)....
X X X X Extracts X X X X
X X X X Extracts X X X X
....als placed by the assessee himself during the course of original assessment, that did not constitute a new information. Since in this case a regular assessment was made under Section 143 of the Act, presumption can be drawn that such an order had been passed on application of mind and the learned Tribunal has viewed appropriately that this was nothing but change of mind of the Assessing Officer. ....