2012 (6) TMI 808

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d order dated 12th January, 2012 passed 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 i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n when the reopening was made before the expiry of 4 years from 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 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ceedings and since the Assessing Officer had derived the facts/materials 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....