TaxTMI 
TaxTMI 
2025 (12) TMI 1697
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....ferred to as the "AO") under section 147 of the Income-tax Act, 1961 (the "Act") in the case of the Appellant for Assessment Year (hereinafter referred to as "A.Y.") 2014-15 is without judicious appreciation of the facts and law and is therefore, erroneous and bad in law. 2. That on the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in upholding the validity of assumption of jurisdiction by the AO under section 147 of the Act, because inspite of specific request made by the Appellant, the AO did not provide the copy of actual reasons nor provided the copy of any fresh tangible material forming basis of formation of belief that income had escaped assessment. 3. That on the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in upholding the validity of assumption of jurisdiction by the AO under section 147 of the Act, because the scrutiny assessment in the case of the Appellant was earlier completed on 30.09.2016 under section 143(3) of the Act and there was no fresh tangible material that came up after the completion of original assessment. 4. That on the facts and circumstances of the case and in law, the Ld....
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....g on dyeing and printing of cotton cloth. The Appellant is being regularly assessed to income- tax with the Deputy Commissioner of Income-tax, Circle-1(1), Gurgaon. Return declaring Nil income for the Assessment Year ('A.Y.') 2014-15 after adjustment of brought forward losses was efled by the Appellant on 29.09.2014. The return was processed under section 143(1) of the Incometax Act, 1961 (the 'Act') on 08.07.2015. Thereafter, the case was selected for scrutiny and the assessment was completed under section 143(3) of the Act on 30.09.2016 after making disallowances of Rs. 2,63,642/-. 2. Later, notice under section 148 of the Act was issued for A.Y. 2014-15 on 28.03.2021 in response to which the Appellant fled return of income on 27.04.2021 vide acknowledgement no. 345444901270421. This was intimated vide response dated 27.04.2021 duly uploaded on the e-fling portal. Thereafter, the Appellant requested for providing reasons recorded for reopening the assessment. The reasons in the form of letter bearing DIN & Letter No. ITBA/ AST/ F/17/2021-22/1035150715(1) dated 27.08.2021 were provided to the Appellant through e-fling portal. 3. Thereafter, notice....
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....,72,511/- after making an addition of Rs. 1,27,34,279/- on account of disallowance of claim of expenses on purchase of 'accessories' to capital assets debited to the Profit & Loss account. 4. As against the assessment order dated 29/03/2022, Assessee preferred an Appeal before the Ld. CIT(A). The Ld. CIT(A) vide order dated 20/12/2024, dismissed the Appeal filed by the Assessee. Aggrieved by the order of the Ld. CIT(A), Assessee preferred the present Appeal. 5. Ground No. 1 is general in nature, which requires no adjudication. 6. In Ground No. 2 to 7, the Assessee challenged the validity of reopening of the assessment u/s 147 of the Act. The Ld. Counsel for the Assessee submitted that the Ld. CIT(A) committed error in upholding the validity of assumption of jurisdiction by the A.O. u/s 147 of the Act. Further submitted that A.O had no fresh tangible material to support reasons for reassessment and the A.O. has not applied his mind and reasons have been recorded based on the borrowed satisfaction which is nothing but merely change of opinion of the A.O. 7. Per contra, the ld. Department's Representative submitted that the issue taken up for reassessment where....
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....d; or (b) where such income has been assessed at too low a rate; or (c) where such income has been made the subject of excessive relief under this Act or under the Indian Income-tax Act, 1922 (11 of 1922); or (d) where excessive loss or depreciation allowance has been computed. It is evident from the above discussion that in this case, the issues under consideration were never examined by the AO during the course of regular assessment. This fact is corroborated from the contents of notices issued by the AO u/s 143(2)/ 142(1) and order sheet entries dated recorded during the 143(3) proceedings. It is important to highlight here that material facts relevant for the assessment on the issue under consideration were not filed during the course of assessment proceeding and the same may be embedded in submitted information in such a manner that it would require due diligence by the AO to extract these information. For afore-stated reasons, it is not a case of change of opinion by the AO." As seen above, the issued taken up for the reassessment were never examined by the AO in the earlier assessment, therefore the appellant's contention that it ....