2007 (4) TMI 257

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....tion has been referred in this reference: "Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the Income-tax Officer was not justified to initiate proceedings under section 147(b) of the Act ?" 2. It appears from the record that the Income-tax Officer reopened the assessments under section 147 because, according to him, relief under s....

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....s been any error in the original assessment which has led to income escaping assessment. This submission cannot be accepted. It is obvious that if the original assessment had been correct and there was no error, reopening would be meaningless. It is thus obvious that reopening of assessment pre-supposes an error in the original assessment. But the restrictions placed upon the pre-condition for reo....