TaxTMI 
TaxTMI 
2018 (2) TMI 1929
X X X X Extracts X X X X
X X X X Extracts X X X X
....chowdhury, Advocates JUDGMENT 1. The present appeal is directed against a decision of the Tribunal sustaining the order of the Commissioner of Income Tax (Appeals) in favour of the assessee on the question of reopening of assessment under Section 147 of the Income Tax Act, 1961. The Assessing Officer had reopened the assessment pertaining to the assessment year 1996-97 on 28th March, 2003 on th....
X X X X Extracts X X X X
X X X X Extracts X X X X
....a partner of the assessee firm, in which proceeding also the Revenue failed. The Tribunal in disposing of the appeal, relied on its own decision in ITA No. 953/Kol/2005 dated 15th July, 2006. 3. Mr. Dutt, learned counsel appearing for the assessee has brought to our notice a decision of a Coordinate Bench delivered on 27th June, 2007 in ITA No. 206 of 2007 by which the revenue's appeal agains....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Assessee's paper book. The operative portion of the said order has already been extracted by the CIT(A) in his order which we have set out in para-7 of this order. It is clear from the order of the Tribunal that no reassessment proceedings could be initiated merely on the basis of action initiated by Customs Department. We also find that in the case decided by the Tribunal the stage at which ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....sment proceedings beyond the period of 4 years from the end of the relevant assessment year has to establish that there was escapement of income chargeable to tax because of the failure of the assessee to disclose fully and truly the material facts necessary for the assessment. Neither in the reasons recorded for reopening the assessment nor in the order of re-assessment u/s 147 of the Act. The AO....