1982 (8) TMI 107

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.... truly all material facts. At this stage, it is necessary to record that for the revenue a firm stand was taken that the reassessment proceedings were initiated u/s. 147(a) of the IT Act, 1961, hereinafter called the Act. In other grounds sustaining of the addition of Rs. 6,000 made in the reassessment is contested. 2. Necessary facts are that the original assessment in the case was made u/s. 143(1) of the Act. The ITO, thereafter, from the assessment record itself noticed that the assessee had constructed one shop-cum-godown in Anaj Mandi, Hansi, and that the cost of construction as shown in the statement of income filed projected only Rs. 15,000. It is nobody's case that the fact of construction was not disclosed by the assessee while ....

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....vailable in such return, accounts and documents, is prima facie, inadmissible; (iv) give the effect to the allowance referred to in sub-section (2) of s. 32, the deduction referred to in clause (ii) of sub-section (2) of section 33 or clause (ii) of sub-section (2) of section 33A or clause (1) of sub-section (2) of section 35 or sub-section (1) of section 35A or sub-section (1) of section 35D or sub-section (1) of section 35E or the first proviso to clause (ix) of sub-section (1) of section 36, any loss carried forward under sub- section (1) of section 72 or sub-section (2) of section 73 or sub-section (1) of section 74 and the deficiency referred to in sub-section (3) of section 80J as computed in each case in the regular assessment, if....

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....om the assessee's own record, contended that a different belief of the ITO on a particulars set of facts was sufficient to enable him to take recourse to reassessment, as completed u/s. 147(a) of the Act. We find such submission to be wholly wrong. 4. Next contention raised by the ld. departmental representative was that the agitation of the assessee contesting reassessment should not be entertained as such contention in terms was not raised before the AAC in the first appeal. For the appellant, Sh. D.S. Gupta, Advocate, submitted that on the admitted facts the issue of re-opening of the assessment as a legal ground could be raised by the assessee and the revenue should not think the responsibility of facing such contention. He very stro....