2022 (12) TMI 104

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....rized affidavit and hearing both the parties, I find that the reasons stated by the assessee are bonafide which really prevented the assessee to file the present appeal in time. Therefore, the delay of 02 days is condoned. 3. The ld. AR drew my attention to additional ground raised and prayed to take up the same as legal issue as it goes to the root of case. He also submits that no set of facts are required to be examined and prayed to take up the same as a preliminary issue. The ld. DR reported no objection in taking additional ground of appeal for adjudication at first. 4. The assessee raised additional ground as ground No. 4 challenging the validity of reopening of assessment u/s. 147 of the Act is bad under law. 5. I note that ....

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....orded but however the AO proceeded to reopen the assessment. According to ld. AR that the assessee disclosed all the material in the original assessment proceedings itself and reopening is only the change of opinion. The ld. AR drew our attention to the decision of Hon'ble Supreme Court in the case of CIT Vs. Kelvinator of India Ltd. reported in 320 ITR 561 (SC). We note that the audit objection at page 1 and 2 of the Revenue's paper book was issued on 03-09-2015 whereas notice u/s. 148 of the Act was issued on 27-03- 2015 which is clear from the para 2 of the assessment order. Therefore, it is clear that the AO reopened assessment without there being any basis but however stated on an examination of ledger of purchasers, in my opinion, is ....