AI Drafter 
TaxTMI 
TaxTMI 
2022 (10) TMI 757
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....law and facts. 2. The reasons recorded do not appear to have any nexus with the issue of notice u/s 148. It is reiterated that the appellant requires a copy of the reasons recorded in order to fully and effectively represent his case. 3. The entire repair expenditure is allowable as such expenditure was on leasehold property. 4. The CIT(A) erred in not disposing off the ground pertaining to the disallowance of FBT. 5. For these and other reasons that may be adduced at the time of hearing, this appeal may be allowed." 3. The Grounds of appeal filed by the Revenue are as under:- "1. Whether the learned CIT(A) was correct in law and in facts in holding that a part of the renovation expenses incur....
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....d representative of the assessee company appeared and the case was discussed. In response to notice u/s 148, the assessee filed a letter stating that the original return filed u/s 139 may be treated as return filed in response to the notice u/s 148 of the Act. The copy of reasons for reopening of assessment was served to Shri Amit Jaiswal V.P Finance of the assessee company. The assessee company did not file any objection for reopening the case. 6. During the course of reassessment proceedings, it was noticed that assessee in his computation of income had claimed additionally under allowable expenditure an amount of Rs.4,76,05,398/- as Hotel Harsh renovation expenses. Even though, the loss Rs.1,10,48,523/- was considered while computing ....
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....the assessee. 10. The ld.AR of the assessee submitted that there is a complete change of opinion by the AO while reopening the case of the assessee. The case was completed u/s 143(3) of the Act and all the materials were available before the AO during the course of assessment proceedings, which were accepted by the AO and detailed questionnaire was also issued by the AO which was compiled by the assessee. No new tangible materials were referred by the AO for reopening of the case and he also submitted that the AO reopened the case beyond limitation period and due approval has not been obtained as per sec. 151(1)(ii) and notice 143(2) has been issued to the assessee before completion of reassessment proceedings. In support of his argument....
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....e reasons recorded. Therefore, there was no illegality for reopening the assessment. 13. After hearing rival submissions and perusing the entire materials on record and examining the orders of the lower authorities, we observe that since the assessee has challenged the legal issue for reopening of the assessment that the AO has not duly complied the procedure as per the decision of the various upper courts, therefore, we have to see first to the copy of the reasons recorded. On going through the paper book at page No.6, letter was written by the AO, Circle-12(4), Bangalore dated 27/6/2014 vide F/148/ACIT/C-12(4)/2014-15, the contention of the letter is as under:- 14. On perusal of the above letter in which the contents of the reasons ....
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....ent based on mere change of opinion was invalid and not permissible - It was noted that there was no further tangible material available with Assessing Officer which warranted reopening of concluded assessment, thus, no interference was required - Whether, therefore, SLP filed by revenue against impugned order of High court was to be dismissed - Held, yes [Para 2] [In favour of assessee]" 15. In the case before us the Assessing Officer reopened assessment on mere ground that expenditure incurred by assessee-company, for renovation of hotel expenses and rates and taxes claimed as FBT payable, since said reason for reopening was based on same set of information which was available at time of original assessment proceedings, , therefore, re....