2020 (11) TMI 98

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.... passed by the Income Tax Appellate Tribunal, Madras, 'A' Bench ('the Tribunal' for brevity), Chennai dated 30.08.2011 made in I.T.A.No.780/Mds/2001 and I.T.A.No.781/Mds/2001 for the Assessment Years 1990-91 and 1991-92 respectively. These Tax Case Appeals are admitted on 19.07.2019 on the following Substantial Questions of Law: "1. Whether on the facts and in the circumstances of the case the Tribunal was right in law in holding that reopening of assessment is valid on the ground that assessee has challenged the reopening only in respect of one of the two reasons recorded for reopening ignoring the grounds of appeal taken before it? 2. Whether on the facts and in the circumstances of the case the Tribunal was right in ....

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....tion of investments. The appellant had filed details of these claims along with the return of income and the assessing officer in the original assessment had allowed these only after examination of the details filed. Hence the reopening was based only on change of opinion and the assessment needs to be struck down as invalid on these grounds itself." 4. Though such a ground was raised, the Tribunal in Paragraph No.3 of the impugned order, records that only two grounds have been raised by the assessee. We find that when a specific plea has been raised by the assessee, contesting the validity of the reopening proceedings, the CIT(A) and the Tribunal could have considered the same. In fact, it is in the assessee's own case for the Assess....