TaxTMI 
TaxTMI 
TaxTMI 
2016 (6) TMI 855
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....ncome Tax Act, 1961 was bad in law? [2] Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was justified in holding that the Assessing Officer ought not to have reverted to the issue other than the one in the reopening reasons recorded for the reassessment?" 2. Facts may be noted from Tax Appeal No.210/2016 which pertained to assessment year 2004-2005 in which the return of income filed by respondent was accepted under section 143(1) of the Income Tax Act, 1961 without scrutiny. To reopen such assessment, the Assessing Officer issued notice dated 17.4.2007 and also supplied the reasons recorded by him to the assessee for reopening of the assessment. The assessee after failing to persuade the Asse....
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....ibunal are completely opposed to the decision of Supreme Court in case of Assistant Commissioner of Incometax v. Rajesh Jhaveri Stock Brokers P. Ltd. reported in (2007) 291 ITR 500(SC). In context of reopening in case of original assessment being under section 143(1) of the Act, the Supreme Court held as under : "In the scheme of things, as noted above, the intimation under section 143(1)(a) cannot be treated to be an order of assessment. The distinction is also well brought out by the statutory provisions as they stood at different points of time. Under section 143(1)(a) as it stood prior to April 1, 1989, the Assessing Officer had to pass an assessment order if he decided to accept the return, but under the amended provision, the require....
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....ndia) P. Ltd. v. M. Gopalan, Deputy Commissioner of Incometax reported in (2013) 356 ITR 481 (Guj), Division Bench of this Court following the judgement in case of Rajesh Jhaveri Stock Brokers P. Ltd(supra) held as under : "12. We must recall that the return filed by the petitioner was not taken in scrutiny. No assessment, thus, took place. The Assessing Officer without any assessment, merely issued an intimation under section 143(1) of the Act accepting such return. In that view of the matter, it cannot be stated that the Assessing Officer formed any opinion with respect to any of the aspects arising in such return. In such a case, scope for reopening such assessment under section 147 of the Act as compared to an assessment which was prev....