TaxTMI 
TaxTMI 
2017 (3) TMI 1604
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....ned CIT(A)-11, Chennai in ITA No.ITA No.646/2013-14/CIT(A)-11 for the Assessment Year is contrary to facts, opposed to law and untenable. 2. The Learned Commissioner of Income Tax (Appeals) erred in rejecting the ground related to Jurisdiction on re-opening u/s.147 of the Income Tax Act. 2.1 The Ld CIT(A) failed to appreciate that the Appellant was subjected to Section notice u/s.148 of the Act. 2.2 The Ld CIT(A) ought to have considered the case laws relied by the Appellant in the proceedings. 2.3 The Ld CIT(A) further erred in not discussing the case laws relied by the Appellant. 2.4 The Ld CIT(A) grossly erred in relying case laws which are distinguishable on facts of the Appellant. 2....
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.....0 Aggrieved by the order of the AO, the assesse went on appeal before the Ld.CIT(A) and challenged the validity of re-opening of assessment. The Ld.CIT(A) confirmed the re-opening of assessment and allowed the assessee's appeal partly. Against the order of the Ld.CIT(A), the assesse is on appeal before us and argued that the assessment was re-opened beyond four years from the end of the relevant assessment years and the reasons recorded for re-opening of assessment was the computation of book profits u/s.115JB which was examined in the original Assessment Order dated 27.12.2007 as well as in the subsequent Assessment Order. In fact, in 2nd round, the assessment was re-opened by issue of notice u/s.147 for the purpos....
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....nt was related to the AY 2005-06 and the assessment was re-opened beyond four years. For re-opening the assessment beyond four years, there should be failure on the part of the assessee as per Sec.147 of IT Act and we extract the relevant provisions of IT Act as under: ^30[Income escaping assessment. ^31 147. If the ^32[Assessing] Officer ^33[has reason to believe^34] that any income chargeable to tax has escaped assessment^34 for any assessment year, he ^34may, subject to the provisions of sections 148 to 153, assess or reassess^34 such^34 income ^34and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course of the proceedings^34 under this section, or ....
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....from which material evidence could with due diligence have been discovered by the Assessing Officer will not necessarily^39amount to disclosure within the meaning of the foregoing proviso. Explanation 2.-For the purposes of this section, the following shall also be deemed to be cases where income chargeable to tax has escaped assessment, namely :- (a) where no return of income has been furnished by the assessee although his total income or the total income of any other person in respect of which he is assessable under this Act during the previous year exceeded the maximum amount which is not chargeable to income-tax ; (b) where a return of income has been furnished by the assessee but no assessment has been made a....