TaxTMI 
TaxTMI 
2018 (3) TMI 2027
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....ng is done on change of opinion as there is no mistake attributable to the assessee. (ii) On the facts and in the circumstances of the case and in law, the Ld.CIT(A) failed to appreciate that the assessee had failed to establish with documentary evidence that the written back liabilities of prior period pertained to the period when the provisions of the tonnage tax scheme was in operation and, hence, income chargeable to tax has escaped-assessment due to failure on the part of the assessee to disclose fully & truly all material facts necessary for its assessment. (iii) On the facts and in the circumstances of the case and in law, the Ld.CIT(A) failed to appreciate that as the prior period liability written back of-Rs. 2,21,41,9167 had b....
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....come returned. In response to notice, the assessee vide letter dated 10-04-2013 stated that the return-filed originally on 21-11-2016 may be treated as return filed pursuant to-the notice issued u/s 148 of the Act, and also requested for supply of-reasons for issuance of notice u/s 148 of the Act. The AO provided the-reasons for the issue of notice vide letter dated 03-09-2013. In response, the assessee vide letter dated 12-09-2013 filed its objection for reopening assessment. The assessee's objections to reopening of-the case was disposed of by the AO in a separate order. Thereafter, the AO completed the assessment u/s 143(3) r.w.s. 147 of the Act on 15-10-2013 and determined the total income at Rs.73,67,08,210 by making-addition of Rs.2,5....
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....he assessment order-passed u/s 143(3), vide their order dated 14-09-2012. When the order-of the ITAT in assessee's own case for the same assessment year favouring the assessee is readily available before issue of notice u/s 148, the issue of notice u/s 148 itself is not proper, therefore, the-reopening is bad in law and accordingly quashed the assessment order-passed by the AO u/s 143(3) r.w.s. 147 of the Act. Aggrieved by the-order of CIT(A), the revenue is in appeal before us.- 4. The Ld.DR submitted that the Ld. CIT(A) erred in quashing the reopening of the assessment on the ground that the reopening is done on change of opinion as there is no failure on the part of the assessee to disclose fully and truly all material facts required fo....
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....e has been travelled upto ITAT wherein the ITAT has deleted addition made by the AO. Therefore, reopening was bad in law-and the Ld.CIT(A) has rightly quashed re-assessment and his order-should be upheld. 6. We have heard both the parties, perused the material available on-record and gone through the orders of authorities below. The Ld.CIT(A) has quashed re-assessment order passed by the AO on the ground that the AO has reopened assessment merely on change of opinion without-there being any fresh material which suggests escapement of income-within the meaning of section 147(b) of the Income tax Act, 1961. The-relevant portion of the order of CIT(A) is extracted below: 4.2. I have carefully considered the facts and circumstances of the ca....
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....n 148 itself is not proper. Therefore, the reopening is quashed and the assessment-following it is dismissed. The ground is allowed." The Ld.CIT(A) has quashed reassessment on the ground that the AO has reopened the assessment on change of opinion which is evident-from the fact that the issue on which the AO has formed reasonable-belief of escapement of income has already been a subject matter of discussion in the original assessment and the said matter has been travelled upto the ITAT and the ITAT has deleted addition made by the AO vide its order dated 14-09-2012. We find that the AO has considered the issue of prior period expenses and prior period income in the-proceedings u/s 143(3) and after considering relevant facts has made-additi....