TaxTMI 
TaxTMI 
2016 (5) TMI 571
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....ainst the very same common order. Therefore, we heard all these appeals and cross-objections together and disposing of the same by this common order. 2. Sh. P. Radhakrishnan, the Ld. Departmental Representative, submitted that there was a search in the case of Shri A.S. Aadhinarayanan on 29.01.2009. Several incriminating materials were found at the residence of Shri A.S. Aadhinarayanan. A simultaneous search was also conducted in the premises of the assessee on 29.01.2009. Assessment was framed on the basis of material found during the course of search operation in the case of Shri A.S. Aadhinarayanan and in the case of the assessee under Section 153C of the Income-tax Act, 1961 (in short 'the Act'). The assessment made in the hand....
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....oney of Rs. 26,00,000/- from the buyers for the assessment year 2008-09. By extending the same analogy for the assessment years 2008-09 and 2009-10, the Assessing Officer made addition in the reassessment proceedings. According to the Ld. D.R., since the material was found during the course of search operation, with regard to receipt of on-money, the Assessing Officer has rightly reopened the assessment. The receipt of onmoney was not the subject matter of examination in the regular assessment, therefore, according to the Ld. D.R., it is not a case of change of opinion. However, the CIT(Appeals) found that the assumption of jurisdiction by reopening the assessment under Section 147 of the Act is illegal. Accordingly, he deleted the addition....
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....ove the amount disclosed in the sale deed. Moreover, the assessee was not given any opportunity to cross-examine the so-called purchasers who said to have paid the on-money. The CIT(Appeals), after examining the relevant facts, found that there is no foundation for reopening assessment under Section 147 of the Act, accordingly, he deleted the addition made by the Assessing Officer for all the assessment years. 4. Referring to the cross-objections filed by the assessee, the Ld.counsel for the assessee submitted that the reopening of assessments without any fresh material on record would amount to change of opinion. The Ld.counsel further submitted that there is no failure on the part of the assessee to disclose relevant material for complet....
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....nt year 2008-09. When the matter travelled to this Tribunal, this Tribunal confirmed the order of the CIT(Appeals) holding that there was no incriminating material for making addition for on-money for the assessment year 2008-09 in the block period under Section 153C of the Act. Now the Assessing Officer has reopened the assessment by issuing notice under Section 148 for all the assessment years. The notice was issued within four years from the end of the relevant assessment year. The proviso to Section 147 would be applicable only in case the assessment was completed under Section 143(3) of the Act. The prohibition contained in the proviso to Section 147 of the Act is for reopening assessment after expiry of four years from the end of rele....
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....hrough the reasons recorded by the Assessing Officer for reopening the assessment which is available at page 41 of the paper-book. The Assessing Officer stated in the reasons for reopening the assessment that one Shri A.B.S. Sanjay stated in his sworn statement that he paid an amount of Rs. 26,00,000/- as onmoney to the assessee-company at the time of purchase of two plots at Yercaud in the assessment year 2008-09. A copy of the sworn statement recorded from Shri A.B.S. Sanjay has been filed by the Revenue which is available on record. The said Shri A.B.S. Sanjay clearly explained that the purchase value of the land was Rs. 16,84,750/- for two plots and stamp duty was paid separately. In response to question No.4, the said Shri A.B.S. Sanja....