2016 (4) TMI 1369

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.... Shri Niraj Sheth And Vallabh Gokhale (AR) Order u/s. 254(1)of the Income- tax Act , 1961(Act ) PER Rajendra A. M. - Challenging the orders dt. 18. 3. 2015 & 11. 11. 13 of CIT(A)-13 and CIT(A)-12 respectively, Mumbai, the assessee has filed the above mentioned appeals raising various grounds. As both the appeals are for the same AY. s, so we are adjudicating them by passing a single order....

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....g. It was stated that reopening was made after four years, that there was no failure on part of the assessee to disclose fully and truly all material facts necessary for assessment. However, the FAA referred to the cases of Phool Chand Bajrang Lal(69 Taxman 627); Rosy Blue(India) Ltd. (227 Taxman 89); Indian Hume Pipe Co. Ltd. (204 taxman 347) and upheld the reopening. 4. Before us, the Authori....

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....r a period of four years. We would like to reproduce the relevant portion of the judgmnt of case of Titanor Components Ltd. (343ITR183) of the Hon'ble Bombay High Court and same reads as under : "Having regard to the purpose of s. 147, the power conferred by s. 147 does not provide a fresh opportunity to the AO to correct an incorrect assessment made earlier unless the mistake in the ....

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.... What is recorded is that the petitioner has wrongly claimed certain deductions which he was not entitled to. There is a well known difference between a wrong claim made by an assessee after disclosing all the true and material facts and a wrong claim made by the assessee by withholding the material facts fully and truly. It is only in the latter case that the AO would be entitled to proceed under....