2019 (2) TMI 530

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....t the orders of the Income-tax Appellate Tribunal, "A" Bench, Chennai, dated 06.08.2018, passed in I.T.A.No.1622/Chny/2011,I.T.A.No.1625/Chny/2011, I.T.A.No.1663/Chny/2011, I.T.A.No.1662/Chny/2011, I.T.A.No.1665/Chny/2011, and I.T.A.No.1623/Chny/2011 for the assessment years 2002-2003, 2003-2004 and 2004-2005. 2.These appeals have been filed by raising the following substantial question of law:- "Whether the Tribunal was justified and correct in holding that reopening of assessment for the Assessment Year 2002-2003 to 2005-2006 in the absence of any tangible material after assessment under Section 143(3) of the Act is not justified?" 3.We have heard Ms.V.Pushpa, learned Senior Standing Counsel appearing for Mr.M.Swaminathan, learned Sen....

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....tances with respect to compliance with TDS provisions, a fresh examination of the legal proposition on the lines of scrutiny assessment under Section 143(3) , without there being any additional material/evidence been brought on record, is in effect framing a different opinion on the same set of facts, which is impermissible under reassessment proceedings." 5.The assessee submitted their objections dated 28.08.2009 and the objections were disposed of by the Assessing Officer vide order dated 08.09.2009. The crux of the objections given by the assessee is as hereunder: "M/s.Royal Sundaram Alliance Insurance Company Ltd. AY- 2002-03 Reasons for belief that income has escaped assessment It is found that the assessee has ceded reinsurance....

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.... that the income has escaped the assessment within the meaning of Section 147 of the Income Tax Act." 6.Apart from raising the above objections, the assessee has placed their submissions as to why the six decisions referred to by the Assessing Officer in the reasons for reopening cannot be applied to the facts and circumstances of the case. The Assessing Officer did not accept the objections raised by the assessee and completed the assessment. On appeal before the Commissioner of Income Tax (Appeals)(CIT(A)), the assessee raised the above referred contentions as well as relied on various decisions. However, the CIT(A) while disposing of the appeal did not elaborate upon the stand taken by the assessee in their objections to the reopening p....