2021 (9) TMI 1182

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tanding Counsel accepting notice for the respondents. 2. This appeal filed by the appellant - assessee is directed against the order dated 30.6.2021 in W.P.No.32366 of 2017. 3. The said writ petition was filed by the appellant to quash the notice issued by the third respondent under Section 148 of the Income Tax Act, 1961 (for brevity, the Act) for reopening the assessment pertaining to the year 2011-12 and consequently to drop the proceedings. 4. We may not be required to elaborately go into the factual matrix, as we are convinced that the grounds canvassed by the appellant - assessee challenging the reopening of assessment, which were controverted by the respondents in their counter affidavit, have not been dealt with and decided....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hat all material facts were submitted to the Assessing Officer when the original assessment was completed under Section 143(3) of the Act and the assessment having been reopened beyond a period of four years, the Assessing Officer should have a fresh tangible material in his possession to reopen the assessment. 8. The case of the appellant - assessee, as mentioned in the objections dated 02.11.2016, is that the reopening of assessment is a clear case of change of opinion. 9. The Assessing Officer would state that a new information was unearthed during search proceedings, that the assessee received on money in respect of a transaction to the tune of Rs. 30.19 lakhs and this, according to the Assessing Officer, is a new information warr....