2022 (7) TMI 1546

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....HE HON'BLE JUSTICE BIVAS PATTANAYAK For the Appellant: Mr. Om Narayan Rai, Adv. For the Respondent : None The Court : This appeal filed by the revenue under Section 260A of the Income Tax Act, 1961 (the 'Act' for brevity) is directed against the order dated 8th June, 2016 passed by the Income Tax Appellate Tribunal, B" Bench, Kolkata in ITA No.909/Kol/2013 for the assessment years 2005-06....

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....by the assessing officer at the time of initial assessment under Section 143(3)/147 of Income Tax Act, 1961 nor the details of such expenses has been filed by the assessee since the reason for issuing initial Notice under Section 148 of the Income Tax Act, 1961 was for no filing of return under Section 139 of Income Tax Act, 1961? We have heard Mr. Om Narayan Rai, learned standing counsel for t....

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....he absence of any such finding by the assessing officer, the reopening of the assessment has to be held not sustainable. The tribunal after considering the facts which were placed before it has recorded a finding that the assessing officer does not spell out that escapement of income was due to the assessee not fully and truly disclosing all material facts necessary for completion of the assessmen....

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....that income of the assessee chargeable to tax has escaped assessment. Further, the nature of activities done by the assessee was taken note of and that it was a Government of West Bengal company. After examining the facts, the tribunal has concluded that the initiation of reassessment proceeding was merely on the basis of change of opinion. Thus, we find that the factual position having been taken....