2018 (1) TMI 1306

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....ions, stated to be the substantial questions of law: (A) "Whether on the facts and circumstances of the case and in law, the order of the Tribunal is not perverse since the Tribunal has grossly erred in not appreciating the facts available on record. The order of the Appellate Tribunal is perverse because as per original assessment order dated 31.12.2007, it is categorically written that "the assessee has not supplied basic details of construction expenses and investment in property, nonsubmission of basic details created doubt on the correctness of amount claimed to have invested in the property". The Assessing Officer passed original assessment order after making reference to the Valuation Office. The assessee did not provide details of....

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....nvestment. The assessee carried the matter in appeal before the Commissioner (Appeals), who held that the reopening was based upon mere change of opinion and quashed the reopening of the assessment itself. The revenue challenged the order of the Commissioner (Appeals) before the Tribunal, but did not succeed. 3. Ms. Kalpana Raval, learned senior standing counsel for the appellant, assailed the impugned order on the grounds stated in the memorandum of appeal as well as for the reasons recorded in the assessment order. 4. A perusal of the record of the case reveals that the Assessing Officer had sought to reopen the assessment by recording reasons to the effect that the assessee company had constructed a building at Dabholi, Surat. The civi....