2018 (11) TMI 1737

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....r the Respondent : Shri C.J. Singh, Sr. D/R. ORDER Per J. Sudhakar Reddy, AM :- This appeal filed by the revenue is directed against the order of the Learned Commissioner of Income Tax (Appeals)-4, Kolkata, (hereinafter the 'Ld. CIT(A)'), dt. 07/09/2016, passed u/s 250 of the Income Tax Act, 1961 (hereinafter the 'Act'), relating to Assessment Year 2006-07, on the following grounds:- "1. Tha....

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....he instant case the scrutiny assessment u/s 143(3) was made on 30/12/08. Therefore, there is no doubt that the proviso to Section 147 is applicable in the instant case. The said proviso restrains the AO to initiate 147 where assessment under section 143(3) has taken place. Reassessment after a period of four years from the end of the relevant assessment year can only be made when there is a failur....

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....ed on an information which might have been received by the AO after the completion of the assessment in which case the reopening may be on sound foundation. I further find that where regular order of assessment is passed in terms of 143(3), to initiate proceedings u/s 147 it is a pre- requisite of the Act that there has to be a failure on the part of the assessee to disclose fully and truly all ma....